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HomeMy WebLinkAbout04-0453PETITION FOR PROBATE & GRANT OF LETTERS Estate of EMMA L. KELLER also known as Social Security No. 204-05-3918 , deceased. To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania The Petition of the undersigned respectfully represents that: Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will of the above decedent dated June 26, 2001 , and codicils dated none . The Executor named none died Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, P. ennsylvania, ,~ith her I.astlfamil,y or principal residence at Upper Frankford Township, Cumberland County Decedent, then 81. years of age, died February 20, 2004, at Forest Park Health Center Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the Will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in PA (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania, situated as follows: Bobcat Road Newville, PA $67,820.00 herewith and the grant of letters testamentary thereon. J6hn H. Keller ~ 894 Teaberry Road Bedford, PA 15522 814-356-3504 Harriet M. Varner 2250 Orrstown Road Sh ppensbur,q, PA 17257 717-532-7090 ,-'.., C _. OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ' · SS -'" COUNTY OF CUMBERLAND ' The Petitioner(s) above named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that as personal representative of the above decedent, petitioner(s) will well and truly administer/the estate according .to. law. Sworn to or affirmed and subscribed before me this ii ~ day of / John H. Keller (.2004~ Harriet M. Vamer WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented PETITION FOR PROBATE & GRANT OF LETTERS Estate of EMMA L. KELLER also known as Social Security No. 204-05-3918 , deceased. No. 21-04- 45,~~) To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania The Petition of the undersigned respectfully represents that: Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will of the above decedent dated June 26, 2001 , and codicils dated none . The Executor named none died Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, P. ennsylvania, with her Ics~f~amil~ or principal residence at Upper Frankford Township, Cumberland County ~(lho~1~ J~, Decedent, then 81. years of age, died February 20, 2004, at Forest Park Health Center Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the Will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in PA (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania, situated as follows: Bobcat Road Newville, PA $67,820.00 WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented herewith and the grant of letters testamentary thereon. r 894 Teaberry Road Bedford, PA 15522 814-356-3504 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 2250 Orrstown Road Shippensburq, PA 17257 717-532-7090 .~ C _. ~' OATH OF PERSONAL REPRESENTATIVE The Petitioner(s) above named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that as personal representative of the above decedent, petitioner(s) will well and truly administer, the estate accord, ing.t~ law. Sworn to or affirmed and subscribed ~'--'---'" Y /d/~~~- before me this ii ~ day of /_ John H. Keller May ,2004. Harriet M. Varner No. 21-04- q 5 ~- Estate of EMMA L. KELLER, deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, May i i , 2004, in consideration of the Petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated June 26, 2001 described therein be admitted to probate and filed of record as the Last Will of Emma L. Keller; and Letters Testamentary are hereby granted to John H. Keller and Harriet M. Varner FEES Probate, Letters, Etc ........ $..! 15.00 Short Certificates(-1-) ........ $ 3.00 Renunciation(s) ........... $ JCP ................ ' .... $ 10.00 Other Will Paqes (-2-) .... $ 6.00 TOTAL: .... $ 134.00 Filed ............................ IRWIN & McKNIGHT LJ ~_ R°qer B. Irwin, Esquire (06282) ATTORNEY (Sup. Ct. I.D. No.) 60 West Pomfret St., Carlisle, PA 17013 ADDRESS 717-249-2353' PHONE his is to certify that the information here given is correctly copied from an original certificate of'death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for pe:'manent filing WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 No. Local Registrar FEB 23 200 = c, ,~ate -,'3 COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH ~ama L. Keller Machine 894 Teaberry Road Bedford, PA 15522 F~nale 204 _ 5/20/1922 ,.~,~ [] Carlisle Boro. Forest Park Health Center G.S. Electric Co. ~[] ~ ,.. ~,. PA John - Clinton John H. Keller Cumberland z24/2004 FD 012633 L 05 --3918 Widowed Barbara E. Bergenheiser 894 Teaberry l,. Feb. 20, 2004 White PA 15522 ~:,~est~ninsterM~rorial Carlisle, PA 17013 Brothers Funeral Hcme,'Inc., Carlisle, PA LAST WILL AND TESTAMENT I, EMMA L. KELLER, of Upper Frankford Township, Cumberland County, Pennsylvania, declare this instrument to be my Last Will and Testament, hereby expressly revoking any and all Wills heretofore made by me. 1. I direct my executors to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. 2. I authorize and empower my executors to sell any realty owned by me at my death and not specifically devised herein, at either public or private sale, and to give good and sufficient deeds therefor, in fee simple, as I could do if living. 3. I devise and bequeath all of my estate of every nature and wherever situate to John H. Keller, and Harriet M. Vamer, share and share alike. 4. I nominate and appoint John H. Keller and Harriet M. Vamer to be the executors of this my Last Will and Testament; they are to serve as such without bond. 5. I hereby suggest that my personal representative McKnight & Hughes as attomeys in the settlc~nent of my estate. retain the services of Irwin, IN WITNESS WItEREOF, I have hereunto set my hand and seal this 26TM day of June, 2001. EMMA L. KELLER Signed, sealed, published and declared by EMMA L. KELLER, the Testatrix above named, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other have subscribed our names as witnesses hereto. ACKNOWLEDGMENT AND AFFIDAVIT WE, EMMA L. KELLER, CHERYL L. CLELAND and MARTHA L. NOEL, the testatrix and wimesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will, and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the wimesses, in the presence and hearing of the testatrix, signed the Will as a wimess and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. EMMA L. KELLER~ ~, /~ C-HERY~'L~ CLELAND ' ~RTI~ NOEL COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : Subscribed, sworn to and acknowledged before me by, EMMA L. KELLER, the testatrix herein and subscribed and sworn to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this 26TM day of June, 2001. R Notadal Seal oger B. Irwin, Notary Public MvCa...rlisle Bom, Cumberland County Y ~ommission Expires Oct. 3, 2004 Member, Pennsylvania Association ot Notaries CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Date of Death: Estate No.: Emma L. Keller February 20, 2004 21-04-00453 To the Register: I certify that notice of the beneficial interest required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on May 12, 2004. Name Address John H. Keller Harriet M. Varner Robert A. Keller Ruth E. Bires 694 Teaberry Road, Bedford, PA 15222 2250 Orrstown Road, Shippensburg, PA 17257 Beetom Hollow Road, Newville, PA 17241 72 Brookview Drive, Lititz, PA 17343-8131 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except none . Date: 05-12-04 IRWIN & McKN-II3'HT Name Roger B. Irwin, Esquire Address 60 West Pomfret Street oD Capacity: Carlisle, PA 17013 Telephone (717) 249-2353 X __ Personal Representative __ Counsel for Personal Representative COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OFINDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. REV-1162 EX(11-96) CD 003952 IRWIN ROGER B ESQ 60 W POMFRET ST CARLISLE, PA 17013 ........ fold ESTATE INFORMATION: SSN: 204-05-3918 FILE NUMBER: 2104-0453 DECEDENT NAME: KELLER EMMA L DATE OF PAYMENT: 05/18/2004 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 02/20/2004 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $3,300.00 REMARKS: TOTAL AMOUNT PAID: $3,300.00 SEAL CHECK//021184 INITIALS: JA RECEIVED BY.' GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO BOX 280601 HARRISBURG,-PA 17128-0601 November 19, 2004 Law Offices Irwin & McKnight West Pomfret Professional Building 60 West Profret Street Carlisle, PA 17013 Telephone (717) 787-3930 FAX (717) 772-0412 Dear Roger B. Irwin: Re: Estate of Emma L. Keller File Number 2104-0453 This is in response to your request for an extension of time to file the Inheritance Tax Return for the above estate. In accordance with Section 2136 (d) of the Inheritance and Estate Tax Act of 1995, the time for filing the return is extended for an additional period of six months. This extension will avoid the imposition of a penalty for failure to make a timely return. However, it does not prevent interest from accruing on any tax remaining unpaid after the delinquent date. The return must be filed with the Register of Wills on or before 05/20/05. Because Section 2136 (d) of the 1995 Act allows for only one extra period of six (6) months, no additional extension(s) will be granted that would exceed the maximum time permitted. t..~incerely' ~ Claudia Maffei, Supervi~sb~/' Document Processing Unit Inheritance Tax Division STATUS REPORT UNDER RULE 6.12 Name of Decedent: EMMA L. KELLER Date of Death: FEBRUARY 20.2004 No. 21-04-0453 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: _ Yes X No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: UNKNOWN 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of Orphan's Court and may be attached to this report. Date: 01/16/2006 Signature "/j,7J7,,, '---7~ ( '--- IRWIN & McKNIGHT Roger B. Irwin. Esquire Name (please type or print) 60 West Pomfret Street Address Carlisle. PA 17013 City, State, Zip (717) 249-2353 Telephone Number C'; (> " . I X Personal Representative Counsel for Personal Representative Capacity: ~~ Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 1/13/2006 IRWIN ROGER B ESQ 60 W POMFRET ST CARLISLE, PA 17013 RE: Estate of KELLER EMMA L File Number: 2004-00453 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 2/20/2006 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~L~~ GLENDA FARNER STR~SBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 2/07/2007 KELLER JOHN H 894 TEABERRY ROAD BEDFORD, PA 15522 RE: Estate of KELLER EMMA L File Number: 2004-00453 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of wills a Status Report of completed or uncompleted administration. This filing is due by: 2/20/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ (./ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 2/07/2007 VARNER HARRIET M 2250 ORRSTOWN ROAD SHIPPENSBURG, PA 17257 RE: Estate of KELLER EMMA L File Number: 2004-00453 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 2/20/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ '. / Glenda Farner Strasbaugn Clerk of the Orphans' Court cc: File Counsel Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 2/07/2007 IRWIN ROGER B ESQ 60 W POMFRET ST CARLISLE, PA 17013 RE: Estate of KELLER EMMA L File Number: 2004-00453 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 2/20/2007 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Personal Representative(s) Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: EMMA L. KELLER Date of Death: FEBRUARY 20,2004 File Number: 21-04-00453 Pursuant to Pa. O.c. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . ., 0 Yes IZI No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: UNKNOWN 3. If the answer to No.1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . .. 0 Yes 0 No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... 0 Yes 0 No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date FEBRUARY 8, 2007 '3. eL, Capacity: IZICounsel ROGER B. IRWIN, ESQUIRE Name of Person Filing this Form 60 West Pomfret Street Address CARLISLE, PA 17013 (717) 249-2353 Q I' :! I ! I'} co- v I.. > Telephone Form RW-JO rev. JO.I3.06 ~ _MOM & KUTUlAKIS - Jason P. Kutulakis, Esquire Attorney 1.0. #: 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. ~ (-().f- Lb3 EMMA L. KELLER, DECEASED PETITION OF CO-EXECUTOR FOR RESOLUTION OF DISAGREEMENT OF CO-EXECUTORS AND NOW, comes JOHN H. KELLER, Co-Executor of the above-captioned estate, by his Attorney, Jason P. Kutulakis, Esquire of Abom & Kutulakis, LLP, and petitions your Honorable Court as follows: 1. Your Petitioner is John H. Keller, Co-Executor of the Estate of Emma L. Keller, with his mailing address c/o Abom & Kutulakis, LLP, 36 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Emma L. Keller died testate on February 20, 2004. 3. The Last Will and Testament of the said Emma L. Keller was offered for probate on May 11,2004 and is recorded in Cumberland County File No. 21,453. 4. Said Last Will and Testament of said Emma L. Keller, a copy of which is attached hereto as Exhibit "A", named your Petitioner, John H. Keller and Harriet M. Varner as Co-Executors. 5. Letters Testamentary were issued to such Co-Executors on May 11,2004. ", ~ <~::.:::-' -.J -rl rrt C;:;J en ~ U1 W 6. A disagreement between the Co-Executors has arisen with regard to the valuation of real property. 7. Petitioner, by and through his counsel, Abom & Kutulakis, LLP, has caused to be prepared a real estate appraisal, a copy of which is attached hereto as Exhibit "B", which was discounted by Co-Executor, Harriet M. Varner. 8. Petitioner has been unable to resolve this disagreement with his Co-Executor. WHEREFORE, Petitioner requests your Honorable Court to issue a citation directed to Harriet M. Varner, Co-Executor of the above-captioned Estate, such citation to show cause why Petitioner's real estate appraisal would not be acceptable. ABOM & KUTULAKIS, LLP P. Kufulakis, Esquire 36 outh Hanover Street Carlisle, P A 17013 (717) 249-0900 VERIFICATION PURSUANT TO Pa.R.c.P. 1024(c) Jason P. Kutulakis, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: Ollb ~ '? SEP-28-2006 11:34AM FROM-IRWIN & Mr~~IGHT LAW OFFICES +7172496354 T-970 P.002/004 F-288 LAST WILL AND TESTAMENT I, El\-IMA L. KELLER, of Upper - Frankford Township, Cumberland County, Pennsylvania, declare this instrument to be my Last Will and Testament, hereby expressly revoking any and all Wills heretofore made by me. 1. r direct my executors to pay all of my debts, funeral and administrative expenses.as sQon as may be done conveniently after my decease. 2. I authorize and empower my executors to sell any realty owned by me at my death and not specifically devised herein, at either public or private sale, and to give good and sufficient deeds therefor, in fee simple, as I could do if living. 3. I devise and bequeath all of my estate of every nature and wherever situate to Jolm H. Keller, and Harriet M. Varner, share and share alike. 4. I ~ominate and appoint John H. Keller and Harriet M. Varner to be the executorg of this my LasfWill and Testament; they are to serve as such without bond. ~,;: :":;: :~ '. r.... ~~ SEP-28-2006 11 :34AM FROM-IRWIN & Mrv~IGHT LAW OFFICES +7172496354 T-970 P.003/004 F-288 5. I hereby suggest thar my personal representative retain the services of Irwin, McKnight & Hughes as attorneys in the settlement of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 26TH day of June, 2001. ~i .".1 ,. .' ,,/.1..-1 '7 -''''~'?1':-!':'''' t:'J- ,if.' ;;r;: {!.dv,/ (SEAL) E^,ThfA L. KELLER Signed, sealed, published and declared by E~IA L. KELLER, the Testatrix above named, as and for her Last Will and Testament. in the presence of us, who, at her request, in her presence and in the presence of each other have subscribed our names as witnesses herero. ;12'-1 i / / _ ~ ~<<d. vt(~#/ SEP-28-2006 11:34AM FROM-IRWIN & I.Ir"llIGHT LAW OFFICES +7172496354 T-970 P.004/004 F-288 ACKNOWLEDGMENT AND AFFIDAVIT WE, El\'IJ.'iA L. KELLER, CHERYL 1. CLELA:.~ and J.\iLo\RTHA L. NOEL, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument. being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will, and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in" the presence and hearing of the testatrix, signed the Will as a wimess and that to the best of their knowledge the testatrix was, at . that time, eighteen years of age or older, of sound mind and under no constraint or undue . . influence. ~I ". '-"/.....~'" ~~~n{?{ )( EMMA L. KELLE ~ CBER L. CLELAND ~fiit.f~ ~/-a1 / /-rz.?6.'~.. COMMONWEAL TH OF PENNSYL V ~'lL.\ : SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by, EMl\-IA L. KELLER, the testatrix herein and subscribed and sworn to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses. this 26TH day of June, 2001. ""Ye:J -'3.cL Notary Public ( Notarial Seal ~~r B. Irwin. NOIBIY Public My C J e ~~. Cumberlat1d County ommlSSJon ExpIres Oct. 3, 2004 Memeer, PennsylVanlaAssocIatioo or Notaries S. W. Barrett Real Estate & Appraisal Services fie No. 08-'1330 APPRAISAL OF LOCATED AT: Bobcllt Road Carlisle. PA 17013 FOR: Abom & Kutulakis 38 South Hanover Street Carlisle. PA 17013 BORROWER: John KELLER AS OF: August 1, 2008 BY: Stan A. Skowronek Certified Residential Appraiser S. W. Barrett Real Estate & Appraisal Services File No. 06-0330 08103/2006 Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 File Number: 06-0330 In accordance with your request, I have appraised the real property at: Bobcat Road Carlisle, PA 17013 The purpose of this appraisal is to develop an opinion of the market value of the subject property, as vacant. The property rights appraised are the fee simple interest in the site. In my opinion, the market value of the property as of August 1, 2006 is: $50,000 Fifty Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final opinion of value, descriptive photographs, limiting conditions and appropriate certifications. Respectfully submitted, ~Q,~~~" Stan A. Skowronek Certified Residential Appraiser AddrW Bobc8t Road een.u.Tl3d 0130.00 , LENDERDISCREl1ONA.=:,":: Civ Carlisle Ccluntv Cumberland state PA liD Code 17013 I Sale Price S I .. See -.1 descrlDtlon Tax 10' ~~ UDDer Frankford TWD. DaI. 0wMrI0ccuD8111 Emma L Keller Iota Refer8nce 04-0385 Mart9lll8 Amount $ . SalePlic:e$ NlA DateoflWe NlA Property Right. Appral.ed ~Type Loan to b.....l bv .... $ NlA 00 Fee SftIpIe DiKaml Points and other Concasions RE. TUft $ 73.00 Tax Vw 05108 HOA s;u;;: NlA B Lea.hold Paid by SeIer $ l.tndtrtCIient Abom & Kutulakls Condominilm(HUDlVA) 38 South Hanover Street. Carlisle PA 17013 H PUD Scunle LOCATION i= Urban 0 Suluban ~ ~ra1 NElGHBORHOOOANALYSIS _......... BUILT UP i= <Mr75% 025.75% X Under25% ~stablly B oox'. B B GROWTH RATE Rapid 00 stable = Slow Convenience 10 Err,Ioymont 00 PROPERTY VALUES :! IIlCNMilg ~O . stable ~ Decining Convenience 10 Shopf*Ig B ~X 80 0 DEMANDlSUPPL V i= shortage In Bafanos J= Over Supply Convanienos 10 Schods tAl IlARKETlNGTIME Under 3 lb. X UIb. Over 6 lb. ~afPubli:Transport..ion 0 0 00 PRESENT LAND USE" LAND USE CHANGE PREDOMINANT SNlLEFNoLVHOUIlI'G RecmIion FacIiies ~ ~ B 0 · SinglaFamly ~ NotLicely ~ OCCUPANCY PRICE AGE AdequacyafFac:Hies X 0 2-4 FamIy --.J! LiceIy Owner 00 $(000) (yrs) PnlpIrty CompeIibily X 0 l.UH'amly ~ In..- Tenant 0 ~Low~ ProIeclionfromDlllrimantalCond. 00 88 CorIwnwc:iII ---..!! To: Re8ldentlal V_nt(O-5%) 00 ~High~ Pdice&FnProleclion ~oo R InGlsIrial Ii V_nt(cww5%) 0 Predominant GenaralAppearanceafProperties ~ R V_nt 85 140. 30 A_toMarU! I I X I I Not.: Race or the raciaJ ~ion of the neighborhood .,.. not considered rIIliabl. .ppraisal Iadon. COMMENTS.The aublfd" Is Mfmarllv roC~ wooded mountain around with acceas via a riGht-of-Way off of Bobcat Road. There are no aDDarent adv... factors to aIfect marbblbllitv of the sublec:t. 01118.... stable emDlovrnent and all sUDDOl'tlna-amenltlea are within I'elISOnable drlvlnn distance. MSA3240 "UMMARY APPRAISAL REPORT LAND APPRAISAL REPORT l:loo Ntt ~330 llirnensione See leaal dacrlDtlon Topography Rockv. wooded Sh has 38 acres mil Comer Lot No Size Laraer than normal Zoning ClMailication None known ZoniIg ~iance NlA $haps Irreaular HIGHEST & BEST USE: "'-ant Usa Present Other Usa None Dainage ADDUrs AdM..ate UTILITIES Public Othar SITE IMPROVEMENTS Typa Public Privata v_ Woods EIeclriciy 0 strHl Macadam ;! 0 Landscaping NlA Gas B CUrb.Qdter None ... _ DWeway NlA Willer Sidewalk None i= = App;nnt e-m.nta R-D-W Sanlary S- R strHll91t. None i= FEIIIA Rood Hazlad Ves" No x StormS- .u- None FEIIIA"lIonIm. 42158iiii1O BIZoneX Com_nt. (Apparent adv_ .......nt.. _chment.. .pacial...._nt.. slide -. etc.~ There are no _rem adverse euementa encroachments or other adverse conditions. There are no DUbUc utilities extended to the site. The und'''I,n,. flu r.cltl. Ihn, r.cenl III.. of prop.tU" nloll thnllle, .nd proll.ut. to lubjlct Ind fI,. conlld.rt. Ih... In lh, mlrk.t Inl'pll. Th. d.scrlptlon Incl... I 410"" IdJu.tment, r.fllcllng ,u'k,t '..ctlon to Uto.. 1t1"1 of li,nl'lca"t Vitiation bet...n Ih, Subject Ind comp.rlbll lH'op.rtl.,. If. Itgmlleanl It,. in the cornp.'IIII. property I, ..,.,Ior to, 0' lIor. favorn" thin, Ih, IUbJlct prop',I" , minus (.) IdJu.hn.nt " mu., Ihu. r'duclng Ihe indlcllld valul 01 IUbject; If. slgnlnnn. It,.. In tn. cOM,lnbll I, Inferior to, or I... fnonllfe than, In, IUbJtcl prop.rly. I plul ft') IdJu.tm.nt I. 'U.I, fltu. Incr"""9 fll. ''''leet.d YlJUI ot the SUbJect. ITEM SUBJECT Bobc8t Road Carlisle COMPARABlE NO. 1 44-04-0395-017 Woods Rd. Newville 10.2 MI W COIIIPARABLE NO. 2 31.13-0112-033 Peach Orchard Rd. Newville 13.1 MI S COIIIPARAIlLE NO. 3 31.13-0110-012A Hlah Mtn Rd Newville 13.1 MI SSW w- . . 10 Subied- Sales PIic:e PriceI Acre 0aIa Sou,.,. VALUE AOJUSTIIIENTS · Sales or FIl8nc:ing Conc:.sione . DaI. af SaIeIT_ . Location SiIeIV_ $ $ InsDiiCtion OESCRlPllON NlA $ III $ 955 III Courthouse RecorcIs DESCRlPllON I .............. Unknown ' 70.000 $ $ 1138 III Courthouse Recorda DESCRIP110N I ...._ Unknown SO 000 $ $ 1996 III Courthouse Recorda DESCRlP110N I ...._ Unknown ' . 20.000 NetAdi.IlDIaI\ 100+ fl. '$ 0 1)(1+ fl-'$ 91 xl+ fl- '$ 0 IndicatadValue 0-.: 0.01- Gro.: 8.oT Gro.: 0.0 ofSubied Hat: 0.0 Is 955 Net: 8.0 Is 1 227 Net: 0.0 I s 1 996 Commants of SaIe.~: TIme adlustment for comDarable sale No. 2 Is 8% baaed on data from local multl-llat. AdlllSted DriC@ I Del' acre r.nae Is $955 to $1 996 -SAY - $1 300 Del' acre x 38 acrea. $49 400 SAY $SO 000. NlA 0211712006 : 0312412005 : 91 0110312006 : Rural Rural . Rural Rural : 38 AI::IWood. 73.28 AdWoods : 44 AdWoods : 10.02 AdWoods : : : : . : : : : : : Commanls and Condlion. of Appraisal: The D_ h_ been aDDralaed In current condition. No ImDrovementa were considered In value reoorted. This Is for the clients use onlv. Finel Reconciliation: The Sal.. ComDarlaon -roach I. the beat Indicator of value. . I (WE) EST1MATETJE MARKErVALUE, AS IlEFINED. OF THE SUBJECT PROPERlY AS OF August 1. 2006 tobeS SO 000 . I (We) certify: that to the bast of IlIJ (our) knowledge .nd belief. the lad. and data used herein .... true .nd c:orrad; that I (we) parsonaly inspeded the subjecl property and inspected aU co......bIa sales cited in this report; and that I (we) have no undis~. ~ lhnin. Appniser(.) ~Cl, ~~('q...(~ RaviawAppraiser ~ ~~ 17 ooDil ODilNal Stan A. Skowronek (hppicable) Steven W. BlImJtt.. SRA SRPA Inspad Ploporty ~_F""-Certlfled Residential Appraiser -_ACl_IlIO.2J4.1l2T_ Certified General Appraiser S.W. Barrett Real Estate & Appraisal Services Borrower: John KELLER ~erty Address: Bobcat Road City: ~arlisle~~__. ~ Lender: Abom & Kutulakis .. ~._--_..~------- ~te.J>JL File No.: 06-0330 Case No.: Zd~Cl~ Borrower: John KELLER Pro~ertv Address: Bobcat Road c!ty: Carlisle __ _ Lender: Abom & Kutulakis File No.: 06-0330 Case No.: State: PA .~ 1I91}_ Borrower: John KELLER Properly Address: Bobcat Road fify~ Carlisle ~_ _~__ lender: Abom & Kutulakis FRONT VIEW OF SUBJECT PROPERTY Appraised Date: Appraised Value: $ REAR VIEW OF SUBJECT PROPERTY STREET SCENE C! N a.- ll) a.- o c.. >< LLJ U a.- <C a:: en LLJ ,...... ..... I a: ~ Cc ~ C iii iii a...iiic,1- :::. I- 0 ....... (J) ~ .s .~ t ~ '5. .2 :E 2 <(....1Om2. () ro __ +-' C/) ~ ~ .;;; ~ ...J (I') VJ _ _ t3 (jj B ~ ~ n: ~ ~ :a ~ az: ~ c. c. c. \0 o o C\J ..... bD :;} <( ~ '" "0 lI) (J) :;} I- o z "0 CI::l o n:: - CI::l u .c o CO o <.0 o I LO CO M o I ~ o I M ~ BQlTower J Property Ad:~~ELLER CIty: 9a!.lisle ,Bobcat Road Lender: AbO - -- I m & Kutulakis'-~- - '._- ! I......,. , "~I' ./~J:r--'t I~"-/ ,;' / "- / /--- /' \ ./ \ \ '/ %~' y\ ~~ Ii rf l /J f~ 233 . ~/ \ ~,~_...., I ;e<.'5";') 1. ~<:> t3~ ov / ,"'--/ ",5;~_' , co"',,*' ~ ,-//' "'~// I / / __r~<~ . ~' /i;? [I #~~ /)r-r----:~ \ _ / ~7 ! ..- ~;/ ~/:/ -'f' }f ..-,/ LOCATION MAP File No' 06~ Case N" , 330 0" Slate: PA ~17013 /1~- .J , j ,/.~ ./~ // ......--/('/. r"'i .-.----/ /// / i / Fie No. 06~330 uuu.... QUALIFICATIONS *_ The following checked Items are SPECIFIC SPECIAL CONDITIONS that were identified by this appraiser during the inspection of the subject property, the comparables sales, and their neighborhoods and locations. Unless otherwise noted, the conditions that apply to the subject property or the comparable sales used DO NOT AFFECT THE MARKET VALUE OR THE FUTURE MARKETABILITY OF THE SUBJECT PROPERTY BEING APPRAISED. This is not a home inspection service. This Is an appraisal to estimate market value. _x_1. The subject is located in a rural area and is less than 25% built-up. - _2. Commercial/Industrial uses are located within the subject's neighborhood. These uses are typical of similar neighborhoods. _x_3. Vacant and undeveloped land uses are located within the subject's neighborhood. These uses are typical for the area. - _4. The predominant value in the neighborhood Is less than that of the market value of the subject property. This is due to the very wide range of value of properties in the area and Superior quality of the subject property. _5. The subject property is located In a F.E.M.A. Identified Flood Zone. Flood insurance coverage Is required and suggested. _6. Dampness Is noted in the basement of the subject. standing or running water was not present on basement floor. This condition is considered typical in dwellings of this style. _7. The subject property is serviced by private well andlor septic systems which is common for the area. - _8. The subject is older than five(5) yeal'$. All mechanical systems including the heating, electrical and plumbing systems appear upon a visual exterior inspection to be in working order. No warranties are implied in this statement. _9. Repair items were noted in the comments section of the report. These comments on repair items are for de5Criptive purposes only and are not required repairs. The items listed are ClOSmetic in nature. _10. The basement floor is a dirt floor. This condition is common and typical for the area. and does not pose a heaith or sahlty hazard. _11. The subject property does contain functional obsolescence as noted in the report. This condition is considered typical and common for the area and this style dwelling. _12. The land value exceeds 30% of total value due to the high demand for vacant land In this neighborhood. This condition is considered common and typical for the neighborhood. _13. The land value exceeds 30% of total value. This is due to the large size of the site. This condition is considered to be typical and common. _14. Individual adjustments were required that exceed 15%. These adjustments were required due to lack of more similar com parables on that individual rating. All comparables used are the best available. __15. Total adjustments exceed 25%. This is due to the lack of comparable sales that were more similar in the subject's market area. All comparables used are the best available. _x_16. One or more comparable sales are older than six(6) months. Although there are comparable properties in the subject's area, none have sold recently; therefore, sales in excess of six(6) months have to be used. All com parables used are the best available. _x _17. One or more com parables used were In excess of one (1) mile from the subject property. Although there are comparable properties in the immediate area, none have sold recently. Therefore, it was necessary to use comparable sales outside of the immediate area. All campa rabies used are located in similar neighborhoods and within the same marketing area. All com parables used are the best available. _18. The electrical system was not connected during inspection. _19. The water service was not connected during. inspection. _20. The heating system was shut down during inspection. _21. Roofin9-Plumbln9-ElectriCal_Heating_certificatIOn(s) Islare suggested. _22. Inground swimming pool_, out bUildings_are Included_,not inclUded_aCCOrding to lender's guidelines. _23. According to lender's guidelines a maximum of_acres were considered fer this valuation. Remaining acreage was given no value. ,- .. -- -I I i I ! i I i i I ! I I I i I I I I I I I I I I I I I i I I I I Fie No 06-0330 U'UUU QUALIFICATIONS ......... _24. The subject property is located on a private road. _25. Wood infestation inspection is suggested. x26. Last recorded deed transfer: Date_Unknown _. Consideration: $_Unknown_. _27. Proposed construction/renovation in accordance to plans and specifications to be completed in a workman-like manner. _28. Seller is paying part or all of closing costs. _x_29. All comparable sales are verified closed sales. _x_30. There are no special conditions or other requirements that would affect market value or future marketability in the Appraisal Report. CHECKED ITEMS ARE SPECIFIC SPECIAL CONDITIONS THAT WERE IDENTIFIED BY THIS APPRAISER DURING INSPECTION. Fie No. 06-0330 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller. each acting prudently. knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment IS made rn terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions~ granted by anyone associated with the sale. . Adjustments to the com parables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the markers reaction to the financing or concessions based on the Appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the lille to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are prOVided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no gua-antees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc. ) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc. ) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineerrng or testing that might be required to discover whether such conditions eXIst. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained lhe information, estimates, and opinions that were expressed in lhe appraisal reporl from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Vacant Land Page 1 of2 APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: Fi. No. 06.{)330 1. , have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and Limiting Conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report, and J have no present or prOSpective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by thE! Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect ofthe adverse conditions on the marketability ofthe subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section ofthis appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take 110 responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full reSponsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: Bobcat Road, Carlisle, PA, 17013 APPRAISER: SUPERVISORY APPRAISER (only If required) Signatu-e: s::::: 0 0-+1- Name: Steven W. Barrett, SRA, SRPA Date Signed: 08/03/2006 state Certification #: GA.{)O()298-L or state License #: RB.{)26921-A State: PA Expiration Date of Certification or License: June 30, 2007 Signature: ~ O. ~Qu) ,-~\( Name: Stan A. Skowronek Date Signed: 08/03/2006 State Certification #: Rl'{)01572-l or Slate License #: state: PA Expiration Date of Certification or License: June 30, 2007 Certified Residential Appraiser 00 Did 0 Did Not Inspect Property Certified General Appraiser Vacant Land Page 2 of2 CERTIFICATE OF SERVICE I'- On this j & day of February, 2007, I, Jason P. Kutulakis, Esquire, hereby certify that I served a true and correct copy of the within Petition by depositing, or causing to be deposited, same in the U.S. Mail, First Class, postage pre-paid addressed as follows: Robert P. Grubb, Esquire Metzger Wickersham 3211 North Front Street Harrisburg, P A 17110-0300 () j FEB 16 2007 ~ EMMA L. KELLER, DECEASED : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. Z-I -oct - lfS:3 INRE: ESTATEOF ORDER f~ AND NOW, this 1. ~ day of t t.\ t'-.)6.... '{_' 2007, in consideration of the within Petition, it is hereby ordered and decreed that a citation be issued, along with a copy of the within Petition and this Order, directed to Harriet M. Varner, Co-Executor of the above-captioned Estate, such citation to show cause why Petitioner's real estate appraisal would not be acceptable. Citation to be returnable 10 days from service thereof. BY THE COURT, ~ l \ \~\ J. i",~,) c::c.:.,.:. -... --. . I l-"'; OJ N C-, :bo co .::- 't5 In Re: EMMA L. KELLER, DECEASED ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-04-0453 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 02/23/07 JUDGE'S INITIALS: MLE TIME STAMP DATE: 02/26/07 [~ RE: ORDER SERVICE TO: JASON KUTULAKIS ESQ ROBERT P GRUBB ESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR o HAND DELIVERED o OTHER_ ~ PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 02/26/07 """"""""""""""""""""""""""""""""",',""""""""',"""""""""'",,',"",""'" SERVICE TO: HARRIET M VARNER METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE ~ CLERK OF ORPHANS COURT MAl LED: 02/26/07 D~a~aCJk Clerk of Orphans' Court CITATION Office of the Clerk of Orphans' Court Cumberland County, Pennsylvania IN RE: Estate of Emma L. Keller 21-04-0453 COMMONWEALTH OF PENNSYLVANIA SS. COl'NTY OF CUMBERLAND TO: Harriet M. Varner GREETINGS: AND ~OW, this 13th day of February, 2007, the Clerk of Orphans' Court of Cumberland County issues this citation upon Harriet M. Varner to show cause, if any, why Petitioner's real estate appraisal would not be accepted. Citation to be returnable twenty (20) days from date of service. Glenda Farner Strasbaugh Clerk of Orphans' Court c: Jason Kutulakis, Esq Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Robert P. Grubb, Esq Metzger Wickersham 3211 North Front Street Harrisburg, P A 17110 (-) C) =~-7 fq C::J f'0 (71 -~j r0 en U1 In Re: EMMA L. KELLER, DECEASED ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-04-0453 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 02/26/07 JUDGE'S INITIALS: GFS TL\1E STAMP DATE: 02/26/07 IN RE CITATION ""','," """""""""""""""""""""""""""""""""""""""""""""""""""""""'" SERVICE TO: JASON KUTULAKIS ESQ ROBERT P GRUBB ESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR o HAND DELIVERED o OTIIER_ ~ PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 02/26/07 """"""""""""""""""""""""""""""""""""""""""""""""""'" """""" SERVICE TO: HARRIET M VARNER \1ETHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE ~ CLERK OF ORPHANS COURT \1AILED: 02/26/07 D'P~~ Clerk of Orphans' Court ~ METZGER, WICKERSHAM, KANUS & ERB, P.C. Robert P. Grubb, Esquire Attorney I.D. No. 76057 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 INRE: ESTATE OF EMMA L. KELLER (DECEASED) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-04-453 ANSWER OF RESPONDANT HENERY D. HENSON. SR. TO PETITIONERS' PETITION FOR RULE TO SHOW CAUSE. Respondent, Harriet M. Varner, by her attorney, Robert P. Grubb, Esquire of Metzger, Wickersham, Knauss & Erb, P.C., answers the Petitioners' Petition to Show Cause Why Petitioner's real estate appraisal would not be acceptable, filed by Jason P. Kutulakis, Esquire or Abom & Kutulakis, LLP and attorney for John H, Keller, the Petitioner, as follows: C) Q !""'-'') (::,.> '"~=) -.J -:'-,1 -'~''''' ~. ... 1. Admitted. CO) . ~:.~ r'-- 2. Admitted. ) --n 3. Admitted. __l~.J --I 4. Admitted. 5. Admitted. 6. Admitted. :;:"::J ..} " \..P -Cl ::i.:: ) I _c.:.1 en) IT1 (...) (...) 0"\ l../) <"") 0; I 373695-1 ~ 7. Admitted only that Petitioner commissioned a real estate appraisal and that said appraisal is attached to Petitioner's Petition as Exhibit "B". Any other averments of paragraph 7. are denied. By way of further answer, it is Respondent's beliefthat the proposed appraisal is defective on its face as it describes and values the property as 38 acres when in fact the property is 46.72 acres. Attached as Exhibit "A" is a legal description for said property as provided to Respondent by Rodger Irwin, Esquire, attorney for the Estate of Emma L. Keller. Furthermore, Petitioner had previously suggested a property value of$67,820.00 for Pennsylvania Inheritance Tax purposes, a copy ofthe yet to be filed PA 1500 Schedule "A" as prepared by Rodger Irwin, Esquire, attorney for the Estate of Emma L. Keller, is attached as "Exhibit B". Furthermore, Lane, I. Thrush, CRS, a realtor with ReMax Reality of Chambersburg, Pennsylvania stated that a comparative market value for the property is between $125,000 and $138,000, a copy of which is attached hereto as Exhibit "C". A comparative market value is the price at which the realtor would list the subject property for sale with his company. Respondent as one ofthe two beneficiaries ofthe estate, is a 50% equitable owner of the subject property. Since Petitioner asserts that the true market value ofthe property is $50,000.00, as a 50% equitable owner ofthe property, Respondent would be agreeable to purchasing the remaining 50% portion of the property at the Petitioner's stated fair market value of$25,000 (50% ofthe total stated fair market value of $50,000.00). In any event, as an equitable owner of the property, Respondent should be given the opportunity to purchase the property at the stated value before an offer by a third party to purchase the property at the stated fair market value is accepted. 8. Admitted. 373695-1 WHEREFORE, Respondent respectfully request that the Court enter judgment in Respondent's favor 1) denying Petitioners' requests to have the Petitioner's appraisal of the property approved, or in the alternative 2) approve Petitioners' request to accept the stated fair market value ofthe property of $50,000.00 with the condition that the Respondent be granted the first right of refusal to purchase the property at the Petitioner's stated fair market value of $50,000.00 less 50% to account for Respondent's 50% equitable interest in said property and to enter judgment in favor of Respondent along with costs of suit, attorneys' fees and such other relief as the Court deems appropriate. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.e. Robe Atto y I.D. No. 76057 3211 North Front Street P. O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Dated: ?, -t1"'24i17 373695-1 METZGER, WICKERSHAM, KANUS & ERB, P.C. Robert P. Grubb, Esquire Attorney LD. No. 76057 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Respondent INRE: ESTATEOF AGATHAR. HAUT IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 2005-55805 CERTIFICATE OF SERVICE I, Robert P. Grubb, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing Answer upon the following persons at the following addresses indicated below by sending same in the United States Mail, first-class, postage prepaid and via electronic means to: Jason P. Kutulakis, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, P A 17013 METZGER, WICKERSHAM, KNAUSS & ERB By: Ro . Gru , Esquire 32 Nort nt Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Respondent Date: March 4, 2007 373695-1 MAR-19-20Q7 02:pOPM FROM-IRWIN & McKNIGHT LAW OFFICES +7172496354 T-785 P.001/005 F-207 LAW OFFICES IRWIN & McKNIGHT ROGER B, IRWIN MARCUS A, McKNiGHT. III DOUGL.4S G. MIlLER M,417'HF.W A. McKNIGHT WeST POMFRCT PROFESSIONAL BU/LDING 50 WEST POMFRET STRECT CARUSLE, PeNNSYLVANIA 17013-3222 (117) 249-2353 FAX (717) 249-6354 WWW./Mi.fLAW.COM HA/lOW S./RWlN (J91S-/977J HAJlOW s. IRWTN. JR. (1954-/986) /RWTN.IRIf'IN&:IRWlN (/956-/986) IRWIN. IRWIN t!r.McKNIGHT (1986-]994) IRWTN. McKNlGflT Ii HUGHES (J994.200J) IRW/lV (( McKNIGHT (100.3. J FACSIMILE TRANSMITTAL SHE.ET TO: Robert Grubb. Esquire COMPANY: PROM: Roger B. Irwin. Esquire DATE: 03-19-07 FAX NUMBER. 234-9478 PHONE NllMBER: TOTAL NO. OF PAGES INCLUDING COVER: 5 SENDER'S REFERENCE NUMBER: RE YOUR REl"ERENCE NUMBER: Notes and Comments: RE: EMMA L. KELLER ESTATE Dear Mr. Groff: Attached please find the following: 1. Copy of legal for 46.726 acres; 2. Copy of survey; and 3. Copy of right-of-way to the land. lifl111.: If you did not receive 411 of the pllgnt or if you have any problem with the clarity of this fllX, please call us at the number listed on the kttll7'head. THANK YOU!! CONFIDENTIALITY NOTICE: This facQUe contains confidenti(l.l information. which may also be legally privileged. It is intended only for the use of the addrus(s) named above. lfyou are not the intended recipient, or the employee or agen, responsible for delivering it to the intended recipient, you. are hereby notified that any dissemination or copying of this ftJeSimile or the taking of any RCIio" in reliance On the contents 01 this telecopied mformadoll may be $trictly prohibited. If you have received thisfacsinlile in error, please nod.j'y us immediately by telephone lmd rnurn the entire facsimile ill the above address at ou,. cost via the U.S. Postal Service. THANK YOU!! MAR-19-20q7 02:50P~ FROM-IRWIN & ~cKNIGHT LAW OFFICES +7172496354 T-785 P.002/005 F-207 ALL that certain tract of land situate in Upper Frankford Township~ Cumberland County~ Pennsylvania, bounded and described In accordance with a Plan prepared by W~lbur H. Clirton, R.S., dated June 22, 1979, as follOWS, to wit: BEGINNING at an existing iron pin at corner of lands or Robert C. Lightenberger; thence along Lightenberger lands, the fOllowing three courses and distances: ~) North 55 degrees 06 minutes 33 seconds East 274.78 feet to an existing iron pin; 2) North 37 degrees 27 minutes 42 seconds East 448.60 .feet to an existing axle; 3) North 19 degrees 58 minutes 07 seconds West 1,527.34 feet to an iron pin set; thence along lands of John W. Hertzler, Jr., South 89 degrees 26 minutes 22 seconds East 511.50 feet to a point; thence along lands of Thomas J. Bell~ the following six courses and distances: 1) South 25 degrees 32 minutes 50 seconds East 461.75 feet; 2) North 82 degrees 54 minutes 55 seconds East 309.80 feet; 3) South 22 degrees 32 minut.es 40 seconds East 175.60 feet; 4) North 67 degrees 38 minutes 54 seconds East 555.00 feet; 5) North 38 degrees 58 minutes 12 seconds East 407.10 feet; 6) South 62 degrees 53 minutes 22 seconds East 649.75 feet to a point; thence along lands o~ John H. M~ntzer~ the following six courses and distances: 1) South 39 degrees 51 minutes 30 seconds West 650.80 feet; 2) North 83 degrees 40 . minutes 40 seconds West 380.30 feet; 3) South 65 degrees 49 minutes 03 seconds West 408.77 feet; 4) South 37 degrees 52 minutes 28 seconds West 523.31 feet; 5) South 21 degrees 58 minutes 50 seconds West 694.50 feet; 6) South 65 degrees 06 minutes East 89.00 reet to an existing iron pin; thence along lands of Lester Armo1t, South 31 degrees 37 minutes 5~ seconds West 294.90 feet to an existing iron pin; thence along lands of Donald E. Showaker~ North 67 degrees 30 minutes 43 seconds West 426.60 feet to a point; thence along lands of John A. Romanchock, North. 48 degrees 02 minutes 57 seconds West 258.70 feet to an existing iron pin~ the Place of BEGINNING. CONTAINING 46.726 acres. MAR-19-2007 02:51PM FROM-IRWIN & McKNIGHT LAW OFFICES ~ i .JDHN , , J ' I / / 'RDN ~Jlf( ~':'......I:'M"" ....,.,,~I:I'::r:..~~..,.. .':..... . ." ,:,,, .'~',: I ..~~.3::::b-M.::r~t~r' .';:{;;'vA;r;;;;!~~~~ " " . ..iI'. ~,~. I", h~,.~"ik~... : .. ~':':.':.-:;'..i.!." :':~. >l~'~'~ :i ~~'it:~~~)~'l' . . ,,;..... .., .~: ....;.:; "'.:~"'~" . ;':'. '.:' ::~ .:..::~.~:.. ".mo, t82054.~:d{~:.~; ,,,Q,.. "'N . .,$ _..,....... ," .._~ '; :..:'r?c~;,',;::.i:'~:?~:~!~~. . .' ,',' ,..~tl :~..j:_.,.';E~]~i~~~il~~ s '~:'''r'-.' .....t-'jl~~. - '.~ :~y t; .~~ ~: if +7172496354 " or. H~RT~L6;". "". SIT llt " ...... o. . ... l<) to-: ~ l<) ", G:> on .. ~ .~ I. :: 5: .. .. ... ... .. ~ 'i .0/-/" '- ' ,/.." f ". '" 0/ /, .".. '../' /' , "//' .,,''1.'/ /~ ';""''l~1: . \""~':'::;:' "".f. ~'lo'l ~~ '/.; . -'-' -- --.- _----RO .. ... :; .. <> .. <::. <:::> "'~ .., : "'",, . '3"5'~ ..06 EXI#r,w'o ~!)~ ""16 IIU,,. "'N. ~:7 ",. ~ "0",, 04. ~":P " 0 "'.. WCHrleK .~:-~~~ : ... I . 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"', . ;~:.~~i:.' _.:\::~~:..:" =:-".(1 ...:. ~ ~. I::'.~ " , '. . , '. j" . '~I ,. ... .: '.. , ., . ~ :<'.~:,Wilbur. H~.::blii.t~n ......~ REGfSTERSq SURvi;YOR.' I':, :.. .' '.' .... :'1; :" "".';',,' ';T'elepho"e {7.1'7..j::~~7B50 "'\'''' ,.,.... ."','-.' rt:;;;ii\!;' .' ...,f~:;.', Fr' D. ';';-Bc!J'~.:264~A,.. '.' i '~~I;: ,~~~::f..~.e?~.burg,: ;;:~'7~~t~~I_! '~72~~; M:'1.:.~~':~'~f:>:.~'::~ \" .... .:...~.~:~~~.;~< .;~: MAR-la-ZOOT OZ:51PM FROM-IRWIN & McKNIGHT LAW OFFICES +717Z4a6354 -'~'--"7'. .-, -~- 1'7' ".---:-r-"- ....-.---.. r "0 .' ~ T-T85 P.004/005 F-ZOT ':' :.... ::.~ \~.;: .:'::.:d:.):~2:;~:'~'~3JNP~t?:t;~0?:::'~-:' ::-:' ,.' ...J' ''-;' ~c ~: .... .... - .. ~ .... U. N. . ~~ .. . 'm"..\~e2"4' ""c 11">1' PIN 309.80: rlfOMA:t oJ. .ELL <1>' , '" '" '0 ~, ." 0 -~ t . 54" :/11 67. M.f 555.00 I ,. 46.726 ACRES . - ..- - ~ ..- , Ii,. AXLE 'f' .'fS~ ,,~~ J. q c::. , >4'0 ..:- or:. r:.a Q, r:.' o ~., ,.. . '" . )0" " l' . / IN! '. I '; <S' f;j"'oo . -~lt,..r'". c;. ~OO"'" 'WON ~/'" . <!'" ~/" ) Wilbur H. Clifton REGISTERED SURVEYOR Telephone (7171776-7650 ~:. R. O. II', Box 264-A . Snlp~nstlUrg. penns>,lv~.~t~:~7297: '" .1 I,' . ',;; . ~ ,; t. ~r.." ..:.:.:;~~(~)~~t:t.:::-;.:,. ". ~. . '1 .r or-2 SURVeY 'SHeET PR PEflT Y HAR'RY ........, ''''''200'' co"'..... 6'-22-79 UPPER ' . ::'CUMt!ERl:.'ANP:: ,~,,'" . ",. .. ::... ~::...!.. ...::........J". ':!:"_','''_'': :_:': c. A....-..rtOVCC .'n 'F'R.4/11ilFORO " ;' '" ., ; " . . _ ....:.. ~.~~~': .~.'. .J.: ':~';"'~ :'.. . ."~~.; ;..:~-o: .... : I t . ~ '.,\ ' 11. i.: I, ' . I ]-J . .., ~-1.: ~ .'. .: '. .. . ~l . I ~. :;.:'I~' I ~Jtr.TIN."RQII"'If., ..~. , '. .i '- . SO,,:, ,-, '.. .'. :' . .-SP..S09,S/'i'", ..#.Oi;"O" . JI...EQ, ; i : "O~;O 6'1;, ~'''' SET .1 ~"':,.F8N '1.~ cp. ; .~ \.(f. . . \(f.1.~'~ ".:" ~ ,.-._-.--.1 :., ;.-;____..... .~1, ~ .,-" ;",:"I:'1';/;': ;,':i.f-. $#t'N.".om;:rr~~~':lj,flfE&.". ,...: ,"- .. . , .:. i ' . . '. ~'. S ". '.'. ~. ..>~':!. 'f :'j ,: ,.. . i . .r .... . . . . ,I . .' ~- 'r' . . - . .....: '..: :-~ ~::~': ;;}:~)':.'" .~"~{J> . " .;....:.: ..4. . . ,f .'. ',' .~ ';. '<'COUNTY". . ,P.4, . ~ .' '. ..., ..;,.. ~.. ~ . .f'.. . . .. ......: .i.. {';-:.'~: _ !..!..:........ . ......~. ~,:..r:~.~;..~;:~ MAR-I 9-2007 02:52PM FROM-IRWIN & McKNIGHT LAW OFFICES +7172496354 T-785 P.005/005 F-207 EXCE:PTffiG and r-e::;ervbg, nevart..i.eless" to oar!":;; CoO Keller a!ld E~rn~, ~J' Kellar.. a:ld th~ir heirs 2-"!d aS3ign3" th~ right to "se in, common wit.'" th~ \'J'it'hln Grantees" s.nd t.~eir hairs a:1d a:3Sign.s~ ~ Tmenty...two {22) feet wid~ right-o!-lil.":iY exte!lding from an approximat~ly right aagle turn h'l Town:;hl? Road T-4S1, Northea.stw3..1"dly a diatance of Fc~:r aundred TI'-.i!"ty-oo.l? (4~1) f-eet. more or les~~ the~'-a!lpro:ximately East'.va.:rdly Sl4t'j-!iYe a..Tld Forty .E:undr~d"'J1s (55. 40) f~et:> 'L~~n approximat$ly Southeastwardly a. distance of Four litmered Five and Forty-four Hundredths {405. 44) feet, and then extendmg appro:dmat.ely Northeast:wa:dly :1. dis,tance of approximately On~ T"no~sand Two Hundred '!'hi::r~ U.. 230) feet_more? or le9s~ 'to land l'etained by narr.! C. Keller and wif';. Ti'IE 'Ni~'*Un convej"~d premises ar~ a. portion ot tb~ premises whi,:h G€!Qrgo E.. Ps.ulus and wif'e by deed dated July 19,. 195i and reco:-ded July 19~ 11)5'1 .in thD Office of the .Recorder of Deeds in ana for CUI:1berla.nd CO'lln'ty at Car!isle... Pennsylvania. in Deed Book tly If.. Vol. 17. page S3~ granted and convl::yad to Ear:-y C. KaUer and Emma L. Kellezojll hu.shand and wife.' Grantors h~.rein. . A 10:53AM. FROM-IRWIN & McKNIGHT LAW OFFICES +7172496354 T-675 P.005/010 F-144 IIJ;';'';' REV-1502 ex. (1-97) COMMONWEAl. TH OF PENNSYLVANIA INHERITANCE r AX AETUAN RESIDIiNT CECEOENT ESTATE OF EMMA L. KELLER Ss(1 204-05-3918 02/20/2004 All real property owned solely or as a tenant in common must be reported at fair mlU'kel value. Fair market valu0 is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy orseU, both hailing reasonable knowledQe of the relevant facts. Real ~ro"erty which is jointly-owned with right of survivorship must be disclO$ed On Sohedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Real Estate, Bobcat Road, Newville) PA 67,820.00 SCHEDULE A REAL ESTATE FILE NUMBER TOTAL (Also enter on line t, Recapitulation) $ 67 .820.00 (If more space is neocled. insert additional sheets of the sarno size) Cccvrlaht (c:l1996fcrm ....frw".n cnlY CPS"",'........lnc. ......... ReV-1502 EX fRev. 10971 i'M~ Outs~~t~ Outstanding Results. 8m 10 Tf{\J'Il'r\ .::;:(;.....if\ , .... lr~, n'~, 't';,,' : qJ ... lo August 31, 2005 Metzger Wickersham c/o Jared L. Hock 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Jared, I am pleased to provide my professional opinion of fair market value for the 46 +/- acres of mountain land. Based upon my research of current market trends, interest rates, sold properties, and properties that are currently on the market, I believe the fair market value of the land would fall between a low of$125,000 to a high of$138,000. If you have any questions concerning this information, please do not hesitate to call me at 717-709-7070. Sincerely, ~ Lane I. Thrush, CRS REALTOR Lane Thrush, CRS Point of Difference Team RE/MAX Realty Agency, Inc. 1132 Kennebec Drive, Chambersburg, Pennsylvania 17201 Direct: (717) 709-7070, Office: (717) 267-0011 Fax: (717) 267-3097 lB.. lit Each Office Independently Owned and Operated .. Comparative Market Analysis For Ms. Emma Keller 421 Bobcat Road Newville, P A 17241 Pennsylvania State Law Requires this Disclosure be on All Market Analysis: "This analysis has not been performed in accordance with the Uniform Standards of Professional Appraisal Practice which requires valuers to act as unbiased, disinterested, third parties with impartiality, objectivity, and independence and without accommodation of personal interest. It is not to be construed as an appraisal, and may not be used as such for any purpose." Section 608.3 of the RELRA, 63 P.S. Section 455.608c. Lane Thrush and The Point of Difference Team RE/MAX Realty Agency, Inc. 1132 Kennebec Drive Chambersburg, P A 17201 717-267-0011 ;, L_ (.".:.) c...1"".:) _.I LL! (j f.'C L-'- l.1_ C:) C' (=:1 i ' J :~~~ F c.~ (' IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-04-453 EMMA L. KELLER, DECEASED ORDER OF COURT AND NOW, this 29th day of March, 2007, upon consideration of John H. Keller's Petition for Resolution of Disagreement of Co-Executors and the Answer filed on behalf of Harriet M. Varner, IT IS HEREBY ORDERED AND DIRCTED that a hearing in this matter shall be held on Monday, May 21,2007 at 2:00 p.m. in Courtroom NO.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that on or before May 18, 2007, Counsel shall file a pre-hearing memorandum which shall include: I. A concise statement of factual issues to be decided at the hearing. II. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at the hearing. IV. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. -~, V. An estimate of the anticipated time needed for the party to present its t~" .__.; ,'case. By the Court, ',',"> ( '.J c~::: C, 7"- , ,~ j--C o~ o M. L. Ebert, Jr., ~ Jason P. Kutulakis, Esquire Attorney for Petitioner Robert P. Grubb, Esquire Attorney for Respondent bas In Re: ESTATE OF EMMA L. KELLER, DECEASED ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-04-0453 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 03/29/07 JUDGE'S INITIALS: MLE TIME STAMP DATE: 03/29/07 IN RE: ORDER OF COURT """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: JASON KUTULAKIS ESO ROBERT P GRUBB ESO METHOD OF MAILING: ENVELOPES PROVIDED BY: I:8J USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER I:8J JUDGE D CLERK OF ORPHANS COURT MAILED: 03/30/07 """"""""""""""""""""""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,""""""""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: ~~ C) (~O , -l~ r--",-~~l c=, C::.:1 --.I :x ~ ~.~.~l --< 1"') r-..) Jason P. J:umltkis. F-squin; Atlgmll)' U'l. ##: 80411 36 Soulb HJulWel' SUect C:ltlia1lt. PA 1 '7013 (717) ~49...fl9OO c-:::> IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY~ PENNSYLVANIA EMMA 1. I<EL~ DECEASED . : ORPHANS' COURT DIVISION : NO. 21..04-453 SUPULA TION AND NOW, this 21st day ofMaYt 2007, comes John H. Keller and Harriet M. Varner, Co- . Executors of the above-captioned. Estate, aad e11ter into the following Stipulation: 1. John H. Keller filed a Petition. for Resolution of Disagreement of eo-Executors. 2. Harriet M. Varner filed lUl Answer, timely :flled. 3. The hearing scheduled on the merits was to be held on May 217 2007 at 2:00 p.m. 4. The parties desire 10 enter into a stipulated value on the real property at issue of $67,820.00. This stipulated value is for Pennsylvania Inheri.mnce Tax pmposcs only, irI order to facilitate the fiJing of the aima PA 1500 Inheritance Tax Retum.. 'Ibis value may not be determinative for liquidation or distribution purposes. S. The stipulated value is the iame value contained in the Schedule A. Real Estate, prepared by Roger Irwin, Esquire, for Pennsylvania Inheritance Tax purposes. \7' . 6. "!be Co~Executors intend to enter into the within Stipulation and fully resolve and satisfY the Petition. . Esquire, Attomey for .FZtr-ZdP7 uire, Attorney for . . CERTIFICATE OF SERVICE AND NOW, I, Jason P. Kutulakis, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Stipulation via first class mail addressed as follows: Robert P. Grubb, Estpire MeIzger, Wickersham, Knauss & Er6, P. C P. a~5800 3211 NorlhFront SIreet Hanisbwg, PA 1711()'0300 DATE :; / 'J d ,01 rGFfen~,i;2; 0/. o .11.". vi' \;.1' IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA EMMA L. KELLER, DECEASED : ORPHANS' COURT DIVISION : NO. 21-04-453 ORDER \4 AND NOW, this 1'( day of May, 2007, upon consideration of the within Stipulation, it is hereby ORDERED AND DECREED that the stipulated value ofthe real property at issue for PA 1500 Inheritance Tax Return purposes is $67,820.00. BY THE COURT, ~-l M. L. Ebert, Judge Distribution: Jason P. Kutulakis, Esquire Robert P. Grubb, Esquire :"'-.) -..:.:..-~. _J 1",,) N ~ .r- \.0 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ESTATE OF EMMA L. KELLER, DECEASED CUMBERLAND COUNTY PENNSYLVANIA NO. 21-04-0453 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: OS/22/07 JUDGE'S INITIALS: MLE TIME STAMP DATE: OS/22/07 IN RE: ORDER """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: JASON P. KUTULAKIS ESQ ROBERTP.GRUBBESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: IZI USPS DRRR D HAND DELIVERED D OTHER_ IZI PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: OS/22/07 """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: () f76( ffi Q fiL ~ kA Deputy Clerk of Orphans' Court COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT IRWIN ROGER B ESQ 60 W POMFRET ST CARLISLE, PA 17013 ..___nn fold ESTATE INFORMATION: SSN: 204-05-3918 FILE NUMBER: 2104-0453 DECEDENT NAME: KELLER EMMA L DATE OF PAYMENT: 1,0/24/2007 POSTMARK DATE: 10/24/2007 COUNTY: CUMBERLAND DATE OF DEATH: 02/20/2004 NO. CD 008850 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $47.20 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: RECEIPT TO ATTORNEY CHECK# 025017 'SEAL INITIALS: AJW RECEIVED BY: REGISTER OF WILLS $'47.20 GLENDA FARNER STRASBAUGH REGISTER OF WILLS INVENTORY REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS File Number 21-04-0453 Personal Representative(s) of the Estate of EMMA L. KELLER deceased, depose(s) and say(s) that the items appearing in the following inventory include all of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said inventory represents its fair value as of the date of the decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a~memornndum at iLd otj::- I verify that the statements made in this Inven- } ~__ tory are true and correct. I understand that false state- ~ ments herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn fol,ification to . _ _ D - a. A-"~ authorities. Attorney __ (Name) ROGER B. IRWIN, ESQUIRE (Address) 60 WEST POMFRET STREET, CARLISLE, PA 17013 (Telephone) (717) 249-2353 (Supreme Court J.D. No.) 6282 DATE OF DEATH LAST RESIDENCE DECEDENT'S SOC. SEC. NO. 02/20/2004 894 TEABERRY ROAD, BEDFORD, P A 15522 204-05-3918 FIGURES MUST BE TOTALED BOBCAT ROAD, CARLISLE, PENNSYLVANIA W A YPOINT BANK - CHECKING ACCOUNT #4100010777 67,820.00 1,009.37 ) '-'--1 -., ['.,) -'~:;r (",) G) (..n (Attach additional sheets as needed) TOTAL: 68,829.37 NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative include the value of each item, but such figures should not be extended into the total of the Inventory. (See 20 Pa. c.s. .1/3301 (b)) FormRW-09 rev. 10.13.06 "EV-1500 EX' (6-001 CCMMONWEAL TH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT .... z w c w u w c w .... lil:~1I) CJ 1lI:lil: W Q.CJ :1:00 CJ 1lI:..... Q.lll Q. <( DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL) KELLER DATE OF DEATH (MM-DD-Year) EMMA L. DATE OF BIRTH (MM-DD-Year) OFFICIAL IJSE ONLY FILE NUMBER 2 1 -0 4 0 4 5 :; COUNTYCODE' --VEAR- - - 'NUMBER- - SOCIAL SECURITY NUMBER 204-05-3918 THIS RETURN MUST BE FILED IN DUPlICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER D 3. Remainder Retum (date of death priorlD 12-13-82) D 5. Federal Estate Tax Retum Required _ 8. Total Number of Safe Deposit Boxes D 11. Election to tax under Sec. 9113(A) (Attach Sch 0) THISSEcnONMOST BE COMPLETED;iM,t5CORRESPONOENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS ROGER B. IRWIN 60 WEST POMFRET STREET FIRM NAME (If Applicable) IRWIN & McKNIGHT TELEPHONE NUMBER 717 249-2353 CARLISLE PA 17013 z o i= ~ :J .... 0: <C u w 0::: z o ~ :J 0.. ::t: o u ~ .... 0.00 X _(15) 0.00 78,241.12 X .045 (16) 3,520.85 0.00 X .12 (17) 0.00 0.00 X .15 (18) 0.00 (19) 3,520.85 02/20/2004 OS/20/1922 (IF APPLICABLE) SURVIVING SPOUSES NAME (LAST, FIRST, AND MIDDLE INITIAL) lX]1. Original Return D 4. Limited Estate lXJ 6. Decedent Died Testate (Attach copy of WoII) D 9. Litigation Proceeds Received D 2. Supplemental Return D 4a. Future Interest Compromise (date of death after 12.12-82) D 7. Decedent Maintained a Living Trust (Attach copy oITrus!) D 10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1.95) .... Z W C Z o Q. II) W Ill: Ill: o CJ 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) D Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 14. Net Value Subject to Tax (Line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate 18. Amount of Line 14 taxable at collateral rate 19. Tax Due 20. D CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT >> BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < 67,820.00 OFFICIAL USE ONLY ( -"\ I.._j , . ~-".J c .... 1 ,009.37 -" I 1'-. ') 4.--" -;-, 15,300.471 Cj -' c.) (,,) ..;::- 84,129.84 5,746.01 142.71 (11) (12) (13) 5,888.72 78,241.12 (14) 78,241.12 Decedent's Complete Address: STREET ADDRESS 894 TEABERRY ROAD CITY I STATE I ZIP BEDFORD PA 15522 gt; \.. Tax Payments and Credits: 1. Tax Due (Page 1 line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount :P ~ r (1 ) 3,520.85 c 3.300.00 173.65 3. InteresUPenalty if applicable D. Interest E. Penalty Total Credits (A + B + C) (2) 3,473.65 T otallnteresUPenalty ( 0 + E ) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) 6, Enter the total of Line 5 + SA. This is the BALANCE DUE. (56) Make Check AGENT 0.00 0.00 47.20 47.20 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ........................................................................... 0 l:KI b, retain the right to designate who shall use the property transferred or its income; ........................................ 0 l:KI c, retain a reversionary interest; or ...................................................................................................... 0 IZl d. receive the promise for life of either payments, benefits or care? ............................................................. 0 IZl 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration?............................................................................................... 0 l:KI 3. Did decedent own an 'in trust for" or payable upon death bank account or security at his or her death? ................. 0 l:KI 4, Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ....................................................................................................... 0 IZl IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. PA 17013 DATE For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S, ~9116 (a) (1.1) (ill. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse ;s 0% [72 P,S. ~9116 (a) (1.1) (ji)). The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax retum are still applicable even if the surviving spouse is the only beneficiary, For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S, 99116(a)(1.2)]. The tal( rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. ~9116(1.2) [72 P.S. 99116(a)(1)], The tax rate im~osed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P,S. g9116(a)(1.3)). ft.. sibling is defined, under Section 9102, as an mdividual who has at least one parent in common with the decedent, whether by blood or adoption ADDITIONAL Personal Representatives Estate of Emma L. Keller SS# 204-05-3918 ............................................................................... Under penalties of perjury, the undersigned declare that they have examined this return, including accompanying schedules and statements, and to the best of their knowledge and belief, it is true, correct and complete. Signature ~-b r1l Ueu/JUJ Name Address Line 1 Address Line 2 City, State, Zip Harriet M. Vamer 2250 Orrstown Road Shippensburg, P A 17257 Date 10-11-- ~7 REV-1502 EX + (6-98) *' SCHEDULE A REAL ESTATE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER KELLER EMMA L 21 04 0453 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is iointly-owned with riaht of survivorshiD must be disclosed on Schedule F. ITEM NUMBER 1. DESCRIPTION BOBCAT ROAD, CARLISLE, PENNSYLVANIA VALUE AT DATE OF DEATH 67,820.00 TOTAL (Also enter on line 1, Recapitulation) $ (If more space is needed, insert additional sheels of the same size) 67820.00 REV-1508 EX +6-98) . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF KELLER FILE NUMBER EMMA l. 21 04 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. 0453 ITEM NUMBER 1. DESCRIPTION WAYPOINT BANK - CHECKING ACCOUNT #4100010777 VALUE AT DATE OF DEATH 1,009.37 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 1 009.37 REV-1509 EX + (6-98) '* SCHEDULE F JOINTLY-OWNED PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF KELLER EMMA L FILE NUMBER 21 04 0453 If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A. JOHN H. KELLER 894 TEABERRY ROAD BEDFORD, PA 15522 SON B HARRIET M. VARNER 2250 ORRSTOWN ROAD SHIPPENSBURG, PA 17257 DAUGHTER c JOINTL Y.OWNED PROPERTY: LETTER DATE DESCRIPTION OF PROPERTY 0/0 OF DATE OF DEATH ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DECO'S VALUE OF NUMBER TENANT JOINT IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENT'S INTEREST 1. A. 07/2001 WAYPOINT BANK 45,906.01 33.33 15,300.47 CHECKING ACCOUNT #100354851 TOTAL (Also enter on line 6, Recapitulation) $ 15300.47 (If more space is needed, insert additional sheets of the same size) REII-1511 EX + (12-99) '* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF KELLER FILE NUMBER EMMA L. 21 04 0453 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. EWING BROTHERS FUNERAL HOME 360.72 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative (s) Social Security Number(s)/EIN Number of Personal Representative(s) Street Address City State Zip Year(s) Commission Paid: 2. Attomey Fees IRWIN & McKNIGHT 4,300.00 3. Family Exemption: (If decedenfs address is not the same as claimanfs, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees REGISTER OF WILLS 134.00 5. Accountanfs Fees 6. Tax Return Prepare~s Fees PATRICIA A. ROSENDALE, CPA 350.00 7. REGISTER OF WILLS - FILING FEE 30.00 8. NOTARY FEES 10.00 9. CUMBERLAND LAW JOURNAL - ESTATE NOTICE 75.00 10. THE SENTINEL - ESTATE NOTICE 115.79 11. OVERNIGHT MAIL 20.50 12. APPRAISAL ON REAL ESTATE 350.00 TOTAL (Also enter on line 9, Recapitulation) $ 5746.01 (If more space is needed, insert additional sheets of the same size) REV-1512 8.< ~ (6-98) *' SCHEDULE. DEBTS OF DECEDENT, MORTGAGE LIABILITIES & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF KELLER FILE NUMBER EMMA L. Include unreimbursed medical expenses. 21 04 0453 ITEM NUMBER DESCRIPTION 1. MOB1LEX - MEDICAL VALUE AT DATE OF DEATH 5.30 2. CONTINUING CARE RX - MEDICAL 87.41 3. 2003 INCOME TAXES 50.00 TOTAL (Also enter on line 10, Recapitulation) $ 142.71 (If more space is needed, insert additional sheets of the same size) '''~''n''. ". COMMONWEALTH OF PENNSYl VANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF KI=I I I=R NUMBER I. SCHEDULE J BENEFICIARIES EMMA L FILE NUMBER ?1 0.:1 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) Lineal Lineal 0453 AMOUNT OR SHARE OF ESTATE 1/2 REMAINDER 1/2 REMAINDER ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1. JOHN H. KELLER 894 TEABERRY ROAD BEDFORD, PA 15522 HARRIET M. VARNER 2250 ORRSTOWN ROAD SHIPPENSBURG, PA 17257 2. 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ (If more space is needed, Insert addilional sheets of the same size) LAST fVILL Al~D TESTAJlfE1VT I, E:MMA L. KELLER, of Upper. Frankford Township, Cumberland County, Pennsylvania, declare this instrument to be my Last 'Will and Testament, hereby expressly revoking any and all Wills heretofore made by me. 1. I direct my executors to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. 2. I authorize and empower my executors to sell any realty owned by me at my death and not specifically devised herein, at either public or private sale, and to give good and sufficient deeds therefor, in fee simple, as I could do if living. 3. I devise and bequeath all of my estate of every nature and wherever situate to John H. Keller, and Harriet M. Varner, share and share alike. 4. I !lominate and appoint John H. Keller and Harriet M. Varner to be the executors of this my LasfWill and Testament; they are to serve as such without bond. 1 ..-.:... ~. . 5. I hereby suggest that my personal representative retain the serVIces of Irwin, McKnight & Hughes as attorneys in the settlement of my estate. IN WITNESS \VHEREOF, I have hereunto set my hand and seal this 26TH day of June, 2001. -6/~] , v /" //1 -..---'1 '.1/. ") ',' / . / ~_~',~<",;,r:,,,.,(7 ../1 ;{;: ?!0-r/ (SEAL) E~I:\L.\ L. KELLER Signed, sealed, published and declared by EMMA L. KELLER, the Testatrix above named, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other have subscribed our names as witnesses hereto. 7 ;1 (?IJ/~x 0(~ ACKNO\VLEDGME:\'T A:\'D AFFIDAVIT WE, EMJ\tIA L. KELLER, CHERYL L. CLELA.'\'D and MARTHA L. NOEL, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will, and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in' the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. --y' //""""\ (/~ )/7/./ """""."/ ~_'.....J ,/ /' i.-- /,,' 0( ,/ ,/'r , / 1___//- .f'i /r ~/. . /~? t [~~'/~/ EMl\lA L. KELLE ~ 5f2 CHER\ L. CLELAND 1t~t.f~ CO:Ml\'IONWEAL TH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by, EMMA L. KELLER, the testatrix herein and subscribed and sworn to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this 26TH day of June, 2001. /1 . / /' / (,./ c.-t Notary Public ( \., /] .a,<- Notarial Seal Rpger B. Irwin, Notary Public CarlJsre E?o~o. Cumberland County My CommIsSIon Expires Oct. 3, 2004 Member, PennsylVanIa Association of Notaries (fAy J J IlIJ,7f~T' IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN'SYL VANIA EMMA L. KELLER, DECEASED ORPHANS' COURT DIVISION : NO. 21-04-453 ORDER AND NOW, this _ day of May, 2007, upon consideration of the within Stipulation, it is hereby ORDERED AND DECREED that the stipulated value of the real property at issue for PA 1500 Inheritance Tax Return purposes is $67,820.00. BY THE COURT, M. L. Ebert, Judge Distribution: Jason P. Kutulakis, Esquire Robert P. Grubb, Esquire _ABOM & KtfrLU.AKIS .1. Jason P. ~aII~i~. F-squin; AUgrm,.)' iU N: S0411 ~ SOIl~1\ tullQ"t'et Sll'"r C:ztJiale. PA 1701.3 (717) 249-0900 I _ --.-'j lNRE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : ORPHANS. COUR.T DIVISION E~L.KELLER~DECEASED : NO. 21.04--453 STIPULA TION AND NOW, this 21S[ day of May. 2007, comes John H. Keller and Harriet M. Varner, Co- Executors of the above-captioned. Estate~ and enter into me following Stipulation: 1. John H. Keller :filed a Petition for Resolution of Disagreement of Co-Executors. 2. Harriet M. Vamer filed an Answer, timely filed. 3. The hearing scheduled on the merits was to be held on May 21,2007 at 2:00 p.m. 4. The parties desire to enter into a stipulated value on the real property at issue of $67,820.00. This stipulated value is for Pennsylvania Inheritance Tax purposes only, i.o. order 'to facilitate the filing of the of me PA 1500 Inheritance 'tax Return. This value may not be determinative for liquidation or distribution purposes. 5. The stipulated value is the same value contained in the Schedule A. Real Estate, prepared by Roger Irwin, Esquire, for peDllSylvania Inheritance Tax purposes. 6. Tho Co-Executors intend to enter into the within Stipulation and fully resolve and satisfy the Petition. ~ [~~ ^ L-^,-- ____- Jason P. Ku ,,) Esquire~ Attorney for Jor/n H. Keller 5=Zf-?a77 uire, Attorney for CERTIFICA TE OF SERVICE AND NOW, I, Jason P. Kutulakis, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Stipulation via first class mail addressed as follows: Robert P. Grubb, Esl}!.Jire Melzger, Wkkerslwm, Knauss & EriJ, P.C P. Q Box 5300 3211 North Front SIreet Harrisburg, PA 17110-0300 DATE :;;; 0 d - [} 1 4/7/2004 IRWIN & MCKNIGHT 60 W POMFRET ST CARLISLE PA 17013-3222 ~l Wayt:tqi!1J LOOK FOR US. WE'LL GET YOU THERE. The information which you requested on the account(s) of EMMA L KELLER (Social Security Number 204-05-3918) is/are as follows: 4100010777 CHECKING 11 0800 1009.30 .07 1009.37 100354851 CHECKING 071701 45905.83 .18 45906.01 Account Number Class of Account Date Opened Principal Balance Accrued Interest Balance at Date of Death Account Ownership CHECKING Name of Joint JOHN KELLER Owner, if any HARRIET Date Ownership Was Established Account Number Class of Account Date Opened Principal Balance Accrued Interest Balance at Date of Death Account Ownership Name of Joint Owner, if any Date Ownership Was Established Additional Information Requested 'lrAn1lt.TT-:O 071701) \j ,tJ.. 9-~ l: {2.. SOLE 110800 J~~~UW~~ APR - 8 2004 IR\VIN & 1\1cl(NIGHT Sincerely, €CL~ ERIN WATTS SENIOR SERVICES REP. P.O. Box 1711. HARRISBURG. PENNSYlVANIA 17105-1711 ...._11 r___ . r-orr \AIA"~~"'~ /I CU::II::~CIl:::tCll_ 711::.11';:\. 1M VnDW b.D'::~ 717/RIE:;-4t:;;OO . www.wauDointbank.com Ewing Brothers Funeral Home, Inc. 630 South Hanover Street Carlisle, PA 17013- (717)243-2421 February 24,2004 John H. Keller 894 Teaberry Road Bedford, PA 15522 The Funeral Service for Emma L. Keller We sincerely appreciate the confidence you have placed in us and will continue to assist you in every way we can. Please feel free to contact us if you have any questions in regard to this statement. THE FOLLOWING IS AN ITEMIZED STATEMENT OF THE SERVICES, FACILITIES, AUTOMOTIVE EQUIPMENT, AND MERCHANDISE THAT YOU SELECTED WHEN MAKING THE FUNERAL ARRANGEMENTS. 1. PROFESSIONAL SERVICES Services of Funt:ral Director/Staff. . . . . . . . . . . . . . . . . FUNERAL HOME SERVICE CHARGES . . . . . . . . . . THE COST OF OUR SERVICES, EQUIPMENT, AND MERCHANDISE THA T YOU HAVE SELECTED . . . . . . . . . . . . . $3700.00 $3700.00 $3700.00 Cash Advances Clergy/Mass Offering, . . . . . . Certified Copies of the Death Certificate. Flowers. . . . . York Newspaper. . . . . . . . Lancaster Newspaper. .. . . . . . TOTAL CASH ADVANCES AND SPECIAL CHARGES. $75.00 $40.00 $106.00 $90.25 $75.00 $386.25 Total Total Cost. $4086.25 SUB-TOTAL INITIAL PAYMENT / DISCOUNT / CREDITS TOTAL AMOUNT DUE $4086.25 0.00 $4086.25 ol/OlG/DY 37.;r:S.3-r;re1:l~~A.r ~,'~ 3'0. '7;?, &.LAA.)ce~~Le The unpaid balance over 45 days is subjected to a \.00 % service charge per month - 12.0000 % per annum. Member of National Funeral Directors Association Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: EMMA L. KELLER Date of Death: FEBRUARY 20, 2004 File Number: 21-04-00453 Pursuant to Pa. O.c. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . .. 0 Yes IZ] No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: UNKNOWN 3. If the answer to No.1 is YES, state the following: a. Did the personal representative file a fmal account with the Court? . . . . . " 0 Yes 0 No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... 0 Yes 0 No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Dale FEBRUARY 5, 2008 1~ Capacity: onal Representative IZ] Counsel ROGER B. IRWIN, ESQUIRE Name of Person Filing Ihis Form 60 WEST POMFRET STREET Address i? :C ':: CARLISLE PA 17013 (717) 249-2353 (' ... (' . I r " ( J I.: Telephone Form RW-l(F'rev. 10.13.06 '- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG. PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT IRWIN ROGER B ESQ 60 W POMFRET ST CARLISLE, PA 17013 -------- fold ESTATE INFORMATION: SSN: 204-05-3918 FILE NUMBER: 2104-0453 DECEDENT NAME: KELLER EMMA L DATE OF PAYMENT: 02/21/2008 POSTMARK DATE: 02/21/2008 COUNTY: CUMBERLAND DATE OF DEATH: 02/20/2004 NO. CD 009338 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $8.92 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: CHECK# 025425 SEAL INITIALS: MAW RECEIVED BY: REGISTER OF WILLS $8.92 GLENDA FARNER STRASBAUGH REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO lOX 280601 HARRISBURG PA 17128-0601 '* REV-1547 EX AFP (06-05) DATE 02-18-2008 ESTATE OF KELLER EMMA L DATE OF DEATH 02-20-2004 FILE NUMBER 21 04-0453 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 04-18-2008 ( See reverse side under Objections) Amount Remittedl I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE -+ RETAIN LOWER PORTION FOR YOUR RECORDS ~ iEy:i5~7-EX-AFP-(03:05)-NOTiCE-OF-iNHERiTiNCE-Tix-ipPRiisEHENT:-ALLOWANCE-OR--------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF KELLER EMMA L FILE NO. 21 04-0453 ACN 101 DATE 02-18-2008 ROGER B IRWIN IRWIN & MCKNIGHT 60 W POMFRET ST CARLISLE PA 17013 TAX RETURN WAS: (X) ACCEPTED AS FILED CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. CloselY Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets Cl) (2) (3) (4) (5) (6) (7) 67,820.00 .00 .00 .00 1,009.37 15,300.47 .00 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (9) ClO) 5,746.01 NOTE: To insure proper credit to your ,ccount, submit the upper portion of this form with your tax payment. 84,129.84 Ii.BBS 7~ 78,241.12 .00 78,241.12 NOTE: If an assess.ent was issued prev1ously, lInes 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate Cl5) .00 X 00 .00 16. Amount of Line 14 taxable at Lineal/Class A rate Cl6) 78,241.12 X 045 = 3,520.85 17 . Amount of Line 14 at Sibling rate Cl7) .00 X 12 = .00 18. Amount of Line 14 taxable at Collateral/Class B rate Cl8) .00 X 15 = .00 19. Principal Tax Due Cl9) = 3,520.85 142.71 (11 ) Cl2) Cl3) Cl4) TAX CRl;DITS: PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 05-18-2004 CD003952 173.68 3,300.00 10-24-2007 CD008850 .03- 47.20 BALANCE OF UNPAID INTEREST/PENALTY AS OF 10-25-2007 TOTAL TAX CREDIT 3,520.85 BALANCE OF TAX DUE .00 INTEREST AND PEN. 8.92 TOTAL DUE 8.92 * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAlSEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DATE 02-18-2008 ESTATE OF KELLER EMMA L DATE OF DEATH 02-20-2004 FILE NUMBER 21 04-0453 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 04-18-2008 ( See reverse side under Objections) Amount Remittedl I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS +-- ------------------------------------------------------------------------------------------- REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF KELLER EMMA L FILE NO. 21 04-0453 ACN 101 DATE 02-18-2008 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 t' :~. r;n ra ..... ,-. '~"1 F""} ~, j_~'!J i' -:'0 i c.. :} i!: ; i ; If ROGER B IRWIN IRWIN & MCKNIGHT 60 W POMFRET ST CARLISLE PA 17013 T AX RETURN WAS: (X) ACCEPTED AS F I LED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets REV-1547 EX AFP (06-05) CHANGED (1) (2) (3) (4) (5) (6) (7) 67,820.00 .00 .00 .00 1.009.37 15,300.47 .00 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. (8) 84,129.84 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 at Sibling rate 18. Amount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS: PAYMENT DATE 05-18-2004 10-24-2007 TOTAL TAX CREDIT 3,520.85 BALANCE OF TAX DUE .00 INTEREST AND PEN. 8.92 TOTAL DUE 8.92 IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. ~r\ . IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DU A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) NOTE: RECEIPT NUMBER CDo03952 CDo0885o DISCOUNT (+) INTEREST/PEN PAID (-) 173.68 .03- BALANCE OF UNPAID INTEREST/PENALTY AS OF 10-25-2007 * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. (9) (10) 5,746.01 142.71 (11) (12) (13) (14) 1i.888.77 78,241.12 .00 78,241.12 (15) .00 X 00 .00 (16) 78,241.12 X 045 = 3,520.85 (17) .00 X 12 .00 (18) .00 X 15 .00 (19)= 3,520.85 AMOUNT PAID 3,300.00 47.20 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT REV-16117 EX AFP (03-05) ROGER B IRWIN IRWIN & MCKNIGHT 60 W POMFRET ST CARLISLE DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 03-17-2008 KELLER 02-20-2004 21 04-0453 CUMBERLAND 101 EMMA L Amount Remitted PA 17013 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE -+ RETAIN LOWER PORTION FOR YOUR RECORDS +- REV-1607 EX AFP (03-05) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - *** INHERITANCE TAX STATEMENT OF ACCOUNT *** ESTATE OF KELLER EMMA L FILE NO. 21 04-0453 ACN 101 DATE 03-17-2008 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 02-11-2008 PRINCIPAL TAX DUE: 3,520.85 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (- ) 05-18-2004 CD003952 173.68 3,300.00 10-24-2007 CD008850 .03- 47.20 02-21-2008 CD009338 8.92- 8.92 TOTAL TAX CREDIT 3,520.85 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 * IF PAID AFTER THIS DATE, SEE REVERSE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. C IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) -, '-..~ ~) Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: EMMA L. KELLER Date of Death: FEBRUARY 20, 2004 File Number: 21-04-00453 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete :.................... ®Yes ~ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: UNKNOWN 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... ^Yes ^ No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... ^Yes ^ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. JANUARY 29, 2009 fG~ ~ Signature of Person Fili g t is Form ;7 Capacity: QPer' al Representative Counsel ROGER B. IRWIN, ESQUIRE Name of Person Filing this Form 60 WEST POMFRET STREET ~.t~(~JJ~ ~`~~t~~F,d~O ~~ . „ ~0 ~~, add 6Z i~-f 6~Qr Address CARLISLE, PA 17013 (717) 249-2353 Telephone Form RW-10 rev. 10.13.06 C7 c-' ~' ,..,_, - -,-; r ? 7 -~ ry n METZGER, WICKERSHAM ~ ~l ~ ' ''' , ,, ~, KNAUSS & ERB, P.C. _ ; ~ w .- :Robert P. Grubb, Esquire -~ ~ `- .Attorney LD. No. 76057 - ',- ~`"" -_ =; 3211 North Front Street T: ~ , ; _ ' P.O. Box 5300 ~ ~ ~~ Harrisburg, PA 171 I0-0300 (717) 238-8187 Attorney for Petitioner. IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF EMMA L. KELER (Deceased) ORPHANS' COURT DIVISION No. 2004-0453 PETITION OF CO-EXECUTOR FOR ORDER OF COURT DIRECTING SALE OF REAL PROPERTY UNDER SECTION 3353 OF PROBATE, ESTATES AND FIDUCIARIES CODE AND NOW, comes Harriet M. Varner, Co-Executor of the above captioned estate, by her attorney Robert P. Grubb, Esquire of Metzger, Wickersham, Knauss & Erb, P.C., and petitions this Honorable Court as follows: 1. Your Petitioner is, Harriet M. Varner, Co-Executor of the Estate of Emma L. Keller. 2. Emma L. Keller died testate on February 20, 2004. 3. The Last Will and Testament of the said Emma L. Keller was probated on May 11, 2004 and is recorded in Cumberland County File No. 21-04-0453. 4. Said Last Will and Testament of the said Emma L. Keller, a copy of which is attached hereto as Exhibit "A", nominated and appointed the petitioner, Harriet M. Varner and John H. Keller, as Co-Executors. aia~sx-i r1..' 5. Letter Testamentary were issued to such Co-Executors on May 11, 2004. 6. The Co-Executors, Harriet M. Varner and John H. Keller are the sole and residuary heirs of said Last Will and Testament of the decedent. There are no specific devises of real or other property in the decedent's said Last Will and Testament. 7. The primary asset of the estate is a certain parcel of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, containing approximately 46.726 acres and being known as Bobcat Road, Carlisle Pennsylvania, 17013 and being further known as Tax Parcel No. 43-04-0385-060. 8. Roger Irwin B. Irwin, Esquire, of Irwin & McKnight, Carlisle, Pennsylvania, as attorney for the Estate of Emma L. Keller, has proposed to distribute said real property in-kind to the two said beneficiaries as tenants in common. 9. Petitioner, as beneficiary, is not willing to be a joint owner of said property with t:he said John H. Keller. 10. The Co-Executors and beneficiaries disagree as to the fair value of said real property. 11. The Petitioner has caused ReMax Reality Agents, Inc. to prepare a market analysis of said property which reports a market value of between $125,000 and $138,000, a copy of which is attached as Exhibit "B". 12. John H. Keller, has caused a real estate appraisal to be prepared for said property which reports an estimated market value of $50,000.00, a copy of which is attached as Exhibit «I J~, 414188-1 13. It is believed that the said John H. Keller has expressed and interest in either acquiring said property for himself or for a family member. 14. Because of the dispute in valuation between the Co-Executors, the only reasonable option for liquidating said property is to place the property for sale on the open public market by either listing the property with a reputable licensed real estate agent with office(s) in close proximity to said property or to set the property for public auction at a well advertised public sale on a date certain. 15. The administration of this estate cannot be completed until said real property is liquidated at its fair market value. 16. Item 2. of decedent's Last Will, authorizes and empowers "my executors to sell ;any reality owned by me at my death and not specifically devised herein, at either public or private sale" 17. The PEF CODE at §3353 authorizes this Court to Order a sale of real property "upon such terms and upon such security and after such notice as the court shall direct, whenever the court shall find such sale, pledge, mortgage, lease, exchange, or option to be desirable for the proper administration and distribution of the estate." WHEREFORE, the Petitioner, respectfully requests this Honorable Court to issue an Order directing a citation to be issued to John H. Keller, Co-Executor of the above captioned 1_?state, such citation to show cause, if any there be, why an Order should not be entered directing the Co-Executors to offer the said Bobcat Road, Carlisle, Pennsylvania real property, for public sale at a current fair market value upon such terms and conditions the Court upon petition to be hereafter submitted, shall consider just and equitable. a~aisa-~ Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Roberti Gru ,Esquire Attorn LD. 0.76057 3211 orth Front treet P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Harriet M. Varner, Co-Executor and Petitioner Dated: February ~, 2009 4141 HR-1 VERIFICATION I, HARRIET M. VARNER, the Petitioner and Co-Executor of the above captioned estate do hereby verify that the facts set forth in the foregoing Petition are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: February ~, 2009 Harriet M. Varner ~~ialss-i METZGER, WICKERSHAM, KNASS & ERB, P.C. Robert P. Grubb, Esquire Attorney I.D. No. 76057 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Petitioner IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF EMMA L. KELER (Deceased) ORPHANS' COURT DIVISION No. 2004-0453 CERTIFICATE OF SERVICE I, Robert P. Grubb, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing Petition upon the following persons at the following addresses indicated below by sending same in the United States Mail, first-class, postage prepaid and via electronic means to: Roger B. Irwin, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 John H. Keller 894 Teaberry Road Bedford, PA 15522 Hamet M. Varner 2250 Orrestown Road Shippensburg, PA 17257 `~'(,~ 1Dated: February ~, 2009 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: «~aixs-i SEP-i'8-2006 11:34AM FROM-IRWIN & Mr"4~GHT LAW OFFICES +7172496354 T-970 P.002/004 F-288 LAST WILZ .A1VD TE'S'TAMENT I, )EIvTIviA L. KELLER, of Upper . Frankford Township, Cumberland County, Pennsylvania, declare this instrument to be my Last 'Will and Testament, hereby expXessIy revoking any and all Wills heretofore made by me. 1. I direct my executors to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. 2. I authorize and empower my executors to sell any realty owned by me at zny death and not specifically devised herein, at either public or private sale, and to give good and sufficient deeds therefor, in fee simple, as I could do if living. 3. 1 devise and bequeath all of my estate of every nature and wherever situate to John H. Keller, and 1;iarriet M. Varner, share and share alike. ~. I nominate and appoint Jahn H. Keller and Harriet M. Varner to be the executors of this my Last Will and Testament; they are to serve as such without bond. Y ,~ SAP-28-2006 11:34AM FROM-IRWIN & M~"MIGHT LAW OFFICES +7172496354 T-970 P.004/004 F-288 ACK:vOtiVLEDGII~IENT AND AI;EIDAVIT WE, ElvI.tv1A L. KELLER, CHERYL L. CLEI.A:vD and IvI.~RTHA L. NOEL, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority thAt the testatrix signed and executed the instrument as her Last Will, and that she had sided willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, iri the presence and hearing of the testatrix, signed the Will as a wirness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under na constraint or undue influence. ~~ ~~; )Elv1tNLA L. KELLE ~r CHER L. CI.~ELAND i~~~~ N ART .NOEL COIVIlYIONWEALTFI OF PENNSYLVANL~ . SS: COUNTY pF CU1vISERLANI7 Subscribed, sworn to and ackna~vledged before me by, EMibIA L. KELLER, the testatrix herein and subscribed and sworn to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this 26TH day of June, 2001. Notary P ~blic Rogger SN~nNinaNOtary PuhlJc Cariisfe Boro, Cumberland County My Commission Expires oct. 3, 2C}p4 Member, Pennsylvania Association of Notatres SEP-28-2006 11;34AM FROM-IRWIN & I~~"uIGHT LAW OFFICES +7172496354 T-970 P.003/004 F-288 5. I hereby suggest that my personal representative retain the services of Irwin, McKnight & Hughes as attorneys in the settlement of my estate. IN WITNESS 'WHEREOF, I have hereumo set my hand and seal this 26T}~ day of June, 2001. 'ti ~' '~' ~~ EIVIII~IA L,. KEI,LER Signed, sealed, published and declared by EM1~IA L. KE~,EER, the Testatri~c above named, as and for her T.ast Will and Testament, in the presence of us, who, at her request, in her presence and i.n the presence of each other have subscribed our names as witnesses hereto. % ~ ~ ~/~ t.~ j ~ / ~ i 1 _ '~M~c ~~~ ~T~~~~~~'I.C~.I.T_T~ agents. Q dutstanciing I~e~~lt~. sm August 31, 2005 Metzger Wickersham c/o Jared L. Hock 3211 N. Front Street P.O. Box 5300 Harrisburg; PA 17110-0300 Jared, _.. c? ~ t'i;Y~~i f .- ~ is - - I am pleased to provide my professional opinion of fair market value for the 46 +/- acres of mountain land. Based upon my research of current market trends, interest rates, sold properties, and properties that are currently on the market, I believe the fair market value of the land would fall between a low of $125,000 to a high of $138,000. If you have any questions concerning this information, please do not hesitate to call me at 717-709-7070. Sincerely, ~,.: ~~Lane L Thrush, CRS REALTOR EXHIBIT ane Thrush, CRS P~iint ~~f Diffemncc Team RE~MAX Realty Agency, Inc. 1132 Kennebec Drice, Chambersburg, Pennsylvania 1 7 201 Direct. (717) 709-70%0, Office: (71 7) 26"r-0011 Fax: (717) 267-3097 ~~ f=] teach (~Oic~ h.Jc~~~ nd~ Hite O~rnc,l anJ (l~,ur.ncJ Comparative Market Analysis For Ms. Emma Keller 421 Bobcat Road Newville, PA 17241 Pennsylvania State Law Requires this Disclosure be on All Market Analysis: "This analysis has not been performed in accordance with the Uniform Standards c-f Professional Appraisal Practice which requires valuers to act as unbiased, disinterested, third parties with impartiality, objectivity, and independence and without accommodation of personal interest. It is not to be construed as an appraisal, and may not be used as such for any purpose." '.3ection 608.3 of the RELRA, 63 P.S. Section 455.608c. Lane Thrush and 'The Point of Difference Team RE/1vIAX Realty Agency, Inc. 1132 Kennebec Drive Chambersburg, PA 17201 717-267-0011 S. W. Barrett Real Estate 8~ Appraisal Services rye no. APPRAISAL OF LOCATED AT: Bobcat Road Carlisle, PA 17013 FOR: Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 BORROWER: John KELLER AS OF: August 1, 2006 BY: Stan A. Skowronek Certified Residential Appraiser EXHIBIT ` S. W. Barrett Real Estate 8~ Appraisal Services File No. 06/03/2006 Abom 8 Kutulakis 36 South Hanover Street Carlisle, PA 17013 (File Number: 06-0330 In accordance with your request, I have appraised the real property at: Bobcat Road Carlisle, PA 17013 7'he purpose of this appraisal is to develop an opinion of the market value of the subject property, as vacant. The property rights appraised are the fee simple interest in the site. In my opinion, the market value of the property as of August 1, 2006 is: $50,000 Fifty Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final opinion of value, descriptive photographs, limiting conditions and appropriate certifications. Respectfully submitted, ~~`i ~. W'-~'-C Stan A. Skowronek Certified Residential Appraiser ' "h1ARY APPRAISAL REPORT ..:ND APPRAISAL REPORT ~7aNn 06-0330 Prooedv Addrebs Bobcat Road Census Tract 0130.00 CAv Carlisle ~_._... n..~a•__,__~ I LENDERDISCRETIOfva --•• snare rH ZioGode 17013 I SalePrire S L al Descri lion See I al descri ion Tax ID # 43-04-0385-060, U er Frankford Tw . OwnedOxu ant Emma L. Keller Die Ma Reference 04-0385 E „ Sale Price E N/A Date of Sale N/A Morgage Amount Loan rho eslconcessions to be id b sager S N/A Property Rights Appraised Mortgage Type ~- RE. Taxes f 73.00 ~ F~ Singe Discount Poirds and Other Conces Tax Year OS/06 HOA S/Mo. N/A ^ L hdd eas Paid by Seger j LenderlGient Abom & Kutulakis ~_ d ^ C on aninum(HUDNA) 36 South Hanover Street Carlisle PA 17013 LOCATION PUD gWyce ^ Urban Suburban U Rural N EIGHBORHOOD ANALYSIS r ,e BUILT UP ^ Over 75'~ ^ 25-75°b X^ Under 25% Employment Stablity ~ ran Poe, GRON?H RAPE ^ Rapid Stable O O ^ ^ ^ O Slow C0m'°n1ence to Enployment PROPERTY VALUES X^ Irlaeasing Stable ^ Dedinin C g onvenience to Shopping ^ O ^ ^ DFJVAAND/SUPPLY ^ Shortage ^X In Balance ^ Over SuPPIY Convenience fo Sd,ods ^ O MA ^ ^ RKETING TIME Under 3 Mos. X 3.6 Mos. Aver 6 Mos. Adequacy of Pudic Tra t ti PR ^ nspor a on ^ ^ Q ESENT LJIAID USE y. LAND USE CHANGE PREDOMINANT STHGiJ=F AMLYHOl1SNG Recreation Faciilies ^ o ^ ^ • Single FamiY 15°/ Not Likely ^ OCCUPANCY PPoCE AGE Ade uac of F d'ti q y a es ^ O ^ ^ 2~ FamIY 0°/ Likely ^X Owns ^X E(000 ) ^ ^ ^ ^ " Mugi•FamiY 0°/ In Ctrs) Property Compatibiily X P~~ ^ Tenant ^ BO Low New Proledpn from Detrimental Cond. ^ Q ^ o Comrnerraal 0°/ To: Residential Vawrd (0-5°b) ^X Z25 High 100 Pdi E F ce re Protection Industnal 0° Yacard over 5°.6 ^ O ( ) ^ Predomnard General A ^ ^ ppearance d Properties ^ Q Vaanl fro/ 140 • 30 A al to Markel X Note: Race or the racial composdion of the neighborhood are not considered reliable appraisal factors. COMMENTSThe sub•ect i5 rimaril rock wooded mountain round with access via a ri ht-of-wa off of Bobcat R d oa . There are no a arent adverse factors to affect marketabili of the sub'ed. Diverse stable em to ant and all su rti n amenities are within reasonable drivin distance. MSA 3240 Dimensions See I al descri lion Site Area 38 acres m/I Topography Rock wooded Comer lot No Sae Lar erthannormal Zoning Classficatrun None known Zoning Compliance N/A HIGHESTdBESTUSE: PresentlJse Present Shape Ir ular Other Use None Drainage A ors Ad Uate UTILITIES Pudic Other SITE IMPROVEMENTS Type Public Private V iew Electricity ^ Street Macadam Woods d O ^ L an scapio9 N/A Gas ^ Curb/GuHer None D i O O r veway N/A water ^ Sidewalk None A pparent Easements R-0_W Sand Sewer ~' ^ Street Lights None ^ ^ FEMA Flood Hazard Yes' Storm Sewer Alle None No x FEMAe Ma one 421588 0010 B2one X Comments (Apparent adverse easements, encroachments, special assessments, slide areas etc): There are , no a rent adverse easements encroachments or other adverse conditions. There are no ublic utilities extended to the site. The unoersigrneo has re cileo Inv ee recent sales o/ properllea moat aim it tar ono proalmale to su Dje<I ana has conaiEer ea Iheae In the market anelya l3. The tlaacripllon Inclaoea a tl e 0)uar m e nr, eflecling mantel re acllon to Ihaae items of slgni flc and nrl alion belreen th il b e o o ar e su ject end com Para ble properllea. II a algnificant item m Ina compareDle properly Is su anion la, o e lavarable Ihen, the aubi eel properly, a minus (.) aoj ualme nl is maoe, Inua rsoucing Ina in°icalea value of subject; it a Sig nl flCenl Item In the compare Dle Is i or leas la rorable tr..9 n, Ina aubj act properly, • plus (.) ee jualmeni la maae thu t I , s n ent or to, ncreasing Ina Inei<alao rslue of the subject fTEM SUBJECT COMPARABLE N0 Bobcat Road . 1 44-04-0395-017 COMPARABtE N0.2 ~MPARABLE N0.3 Address Carlisle Woods Rd Newville 31-13-0112-033 Peach Orchard Rd New ill 31-13-0110-012A Proxirnl to Sub'ed 10.2 MI W v e 13.1 MIS Hi h Mtn Rd Newville Sales Price S WA i 70 000 13.1 MI SSW Price) Acre • E 0 S 955 0 E 50 000 S 1136 ~ S 20 000 Data Source • VA Ins ion Courthouse Records Courthouse Records S 19960 Courthouse Re d LUE ADJUSTMENTS DESCRIPTION DESCRIP710N a~nbiDeDner~ DESCRIPTION cor s • Sales orFnancing Unknown a-xui~n Unknown DESCRIPTION q.)s Concessions Unknown Date d SaleRme • Location N!A R 02!17/2006 03!24/2005 91 01 /03/2006 ural Rural Rural Sde/Vlaw 38 Ac/Woods 73.28 AcNVoods ~ 44 Ac/Woods Rural 10.02 A~JWoods Nel Ad'. total X t ' f O X+ ~ S 91 X + ~ Indicated Value ~~ QO S 0 ~. 8 0 of Su 'ed Net: 0.0E 955 comments of Sales Comparison: Time ad'ustment for com arable sale No . Gross: 0.0 Net: 8.0 S 1 227 Net: 0.0E 1996 2 is 8°/ ba d . r acre ran a is 5855 to 51 996 -SAY - S1 300 r acre x 38 acres = D se on data from local multi-list. Ad'uSted rice S49 400 SAY S50 000. Comments and Conditions of Appraisal: The ro has been a raised in current condition No im rovement . s were considered in value re orted. This is for the clients use onl . Final Recondliation: The Sales Com orison a roach is the best indicator of value. I (WE) ESTIMATE THE MARKET VALUE, AS DEFlNm, OF THE SUBJECT PROPERTY AS OF August 1 2006 , to be S 50 000 • 1 (We) certify: that Po the best of my (our) knowledge and belief, the fads and data used herein are true and coned th t I ; a (we) personally inspected the subject property and inspected all comparable sales cited in this report; and that I (we) have no undisdosed ingest t sen _ ~~( / l) efherein. ~C'c~~l~~~ APProis~s) ~~~~1 • ` ~ ' - Review Appreiser _ ~ ~•~/ ~ Stan A. Skowronek reanrui~~we~ ., ~ Did ^ Did Nof - .awvcn vv. aarre[[ StiA SRPA Inspect Properly r°r"Nay1n°r°inOe~CertifiedResidentia)Appraiser ~~r:°.a,aa~..epo,N,n,,,,.,;,,,m,,, Certified General Appraiser S.W. Barrett Reaf Estate & Appraisal Services Johan City: Carlisle ` -- -- Sts -- --- ender ah~R~ x w.~..i.,~:,. ---- ---- ~ ~ i ,' r,i/, ~% i .. ~_. ~s ~ i, E~?tir i r :::. :r! a t+.. I~I~. `i~. ..~_ Y,.. ;i.~... ~ ~ .. 13 City: Carlisle ` Lase No.: --- -_ ___ _- _ State PA Lender: Abom 8 Kutulakis - -- -_ --~ - -_.__ ._____. _ Zip 17013_ tSOrrower: John KELLER Fife No.: 06-0330 Property Address: Bobcat Road Case No.: City Carlisle ` State: PA -- -- --- _ _ -- -Zip: 17013._ ----- ----------- Lender' A6om 8 Kutula4ia _ --- -" " `t~.-. - - ~" ~ ~ - FRONT VIEW OF SUBJECT PROPERTY Appraised Date: Appraised Value. $ RERR VIEW OF SUBJECT PROPERTY STREET SCENE 0 N i O Q x W U i Q N W 0 0 m ~o ~~ ~o ~~ ~~ f~ ~~ i Z z _ a .-. v x d ~ v ~ ~ O Q C C ~ ~ Q a ~ a m U in m ~ m W N _N N N () ~ N N N ~ ~ i i i a¢ a a a a ~--, i ~~ .,, z O O N ti t]0 T a N H t.ocarioN r~qP --- ~ ~~~ ivv.. uc-U330 _dy_Carlisle - __ _ CaseNo.; Lender: gGom & Kutulakis - _ - - - -- ____ S~ate_Pq - ------ - Zi[):_17013_ --- --- -- ____ _ --- ------- - -- - --------- FBe No. 06-0330 "**k""""'~' QUALIFICATIONS - --_ - - _ - - The following checked items are SPECIFIC SPECIAL CONDITIONS that inspection of the subject propert , were identified by this appraiser during the y t e comparables sales; and their neighborhoods and locations. Unless otherwise noted, the conditions that apply to the subject property or the comparable sales used DO NOT AFFECT THE MARKET VALUE: OR THE FUTURE MARKETABILITY OF THE SUBJECT PROPERTY BEING APPRAISED. This is not a home inspection service. This is an appraisal to estimate market value. _,x_1. The subject is located in a rural area and is less than 25°/, built-up. _ 2. Commercialllndustrial uses are located within the subject's neighborhood. These uses are typical of similar Neighborhoods. the area.. _x_3. Vacant and undeveloped land uses are located within the subject's neighborhood. These uses are typical Fur _ _4. 7'he predominant value in the neighborhood is less than that of the market value of the subject propert . T ' due to the very wide range of value of properties in the area and superior quality of the subject pro ert . Y his is i _5. The subject property is located in a F.E.PA.A. Identifled Fleod Zone. F P Y suggested. lood insurance coverage is required and _6. Dampness is noted in the basement of the subject. Standing or running water was not present on basement floor. This condition is considered typical in dwellings of this style. _7. Tlne subject property is serviced by private well and/or septic systems which is common for the area. _ _E. The subject is older than five(5) years. All mechanical systems including the heating, electrical and plumbin systems appear upon a visual exterior inspection to be in working order. No warranties are rmplied in this statement. 9 _9. Repair items were noted in the comments section of the report. These comments on repair items are for descriptive purposes only and are not required repairs- The items listed are cosmetic in nature. _1D. The basement floor is a dirt floor. This condition is common and typical for the area. and does not pose a heaifh or safety hazard. _11. The subject property does contain functional obsolescence as noted in the report. This condition is considered) typical and common for the area and this style dwelling. _12. The land value exceeds 30% of total value due to the high demand for vacant land in this neighborhood. This condition is considered common and typical for the neighborhood. _13. The land value exceeds 30% of total value. This is due to the large size of the site. This condition is considered to be typical and common. _74. Individual adjustments were required that exceed 15°/ . These adjustments were required due to lack of more similar comparables on that individual rating. All comparables used are the best available. _ _15. Total adjustments exceed 25%. This is due to the lack of comparable sales that were more similar in the subject's market area. All comparables used are the best available. _x_16. One .or more comparable sales are older than six(6) months. Although there are comparable ro subject's area, none have sold recently; therefore, sales in excess of six(6) months have to be used. All comparables used are the best available. P perties in the _x _17. One or more comparables used were in excess of one (1) mile from the subject pro ert , comparable properties in the immediate area, none have sold recently. Therefore, it was necessary to use comparable sates outside of the immediate area. All comparables used are located in similar neighborhoods andhwrthin thersame marketing area. All comparables used are the best available. _18. The electrical system was not connected during inspection. _19. The water service was not connected duriny inspection. _20. The heating system was shut down during inspection. _21. Roofing_plumbing_Electrical_yeating_certification(s) islare suggested _22. Ingrcund swimming pool, out buildings are included guidelines. ,not included_acccrding to lender's _23. According to lender's guidelines a maximum of acres were ccn>>^idered for this valuation. Remaining acreage was given no value. i i Fde No. 06-0330 '~``*"""*'` QUALIFICATIONS ********* _24. 'fhe subject property is located on a private road. _25.. Wood infestation inspection is suggested. i _x26. Last recorded deed transfer: Date Unknown _, Consideration: $ Unknown_~_ manner. ,_27. Proposed construction/renovation in accordance to plans and specifications to be completed in a workman-' ~ hke _28. Seller is paying part or all of closing costs. _x_29. All comparable sales are verified closed sales. I; _x_30. There are no special conditions or other requirements that would affect market value or future marketability in the Appraisal Report. i i ~ INSPECTION. CHECKED ITEMS ARE SPECIFIC SPECIAL CONDITIONS THAT WERE IDENTIFIED BY THIS APpRAiSER DURING i DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each actin Fie No. 06-0330 g prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this defrnrtron is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2j both parties are well informed or and each acting in what he considers his own bast interest; (3} a reasonable time is allowed for exposure in the o en market; 41 is made rn terms of cash rn U.S. dollars or in terms of financial arrangements comparable thereto; and 5 well advised, sale ()the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions` granted by anyone associated wi h the 'Adjustments to the con~parables n-rusl be made for special or creative financing or sales concessions. fJo adjustments era necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based en the Appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND AppRAISER'S CERTIFICATION following conditions: CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the 1. The appraiser Witt not be responsible for nta(iers of a legal natwe that affect either the property beiny appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. 'the appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visual¢ing the property and understanding the appraiser's determination of its s¢e. s The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor; he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear m court because he or she made an appraisal of the property m question, unless specdic arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest arid best wa and the in-~provements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wasters, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal r°`-ear..h rnvo!ved in performing the appraisal. Unless otherwise stated in the a raisal re PP port, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presenco of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such contldions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report Gone sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The ;appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of fhe improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lendericlient specified in the appraisal report can dishibute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any prote:ssional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lenderlclient may distribute the property description section of the report only to data collection or reporting service(sl without halving to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appra;:;al can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Vacant Land' Page 1 of 2 ~4PPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: Fie No. 06-0330 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation If a significant item in a comparable property is superior to , or more favorable than the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is interior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales pace o! the comparable. t. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value m the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are hue and correct 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and Limiting Conditions specified in this form. A. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the esl:imate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. - 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation andlor employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or tl-~a need tc approve aspecific n-rortyaga loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and pronwlgated by the Appraisal Standards Eoard of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the n-iarketiny time noted in the neighborhood section of this report, unless I have otharwise stated in the rewnciliation section. 8. I have personally inspected the subject property and the exterior of all properties listed as comparables ui the apps sisal repor L I fwlher certify that I have nolad any apparent or known adverse conditions in the subject improvemanls, un the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that wow set forth in the appraisal report. If I retied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorised anyone to make a change to any item in the report, therefore, if an unauthor¢ed change is made to the appraisal report, !will take no responsibiiity for il. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certrtes and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statemients and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above; and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: Bobcat Road, Carlisle, PA, 17013 APPRAISER: SUPERVISORY APPRAISER (only if required) Signature: ~s, ~ ( ~" d `'"r `~ ~ ~ ~ J ~ ` , / ' ` Name: Stan A. Skowronek Signature: + y-7 __ Date Signed: 08/03/2006 -~ - Name: Steven W. Barrett, SRA _S RPA _ state certification #: RL-001572-L _ _ Date Signed: 08/0312006 --"-- -- or State r_icense #: - - __ State Certfiration #: GA-000298-L State: PA _ or StateLicense# RB-026921-A -- ----- -- Expiration Date of Certification or License: June 30 2007 State: PA , Expiration Date of Certification or License: June 30, 2007 Certified Residential Appraiser n D•d ^ Did Not Inspect Property Certified General Appraiser Vacant Land Page 2 of 2 J~ F~~' ? J ~<<~9 IN RE: ESTATE OF EMMA L. KELER (Deceased) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-04-0453 ORDER t~ AND NOW, this ~ ~ day of C C.`Dr~or~ .2009, upon consideration of the Petition For Order of Court Directing Sale of Real Property, it is hereby ordered and decreed that a citation be issued, along with a copy of the within Petition and Order, directed to John H. Keller, Co-Executor of the above captioned Estate, such citation to show cause why the relief requested in this Petition should not be granted. Citation to be returnable _~ ~ days from service thereof. BY THE COURT, `M 1. ~, ,~- -:: ~-~ --~ . r -- .: ,.~ r ~ , ~ , ~ ~ , . ~ ~.. ,y -..r ,,l;,.~~ ~_ „ ~ _ 1 .... L_.: +~ t ~ ~ y . ~ ` • y° W t.1 ~ ~. .... ` ~ 414188-1 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ESTATE OF EMMA L. KELER (DECEASED) CUMBERLAND COUNTY PENNSYLVANIA NO. 21-04-0453 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: 02/27/09 IN RE: SERVICE TO: ROGER B IRWIN ESQ ROBERT P GRUBB ESQ JOHN H KELLER HARRIET M VARNER METHOD OF MAILING: ENVELOPES PROVIDED BY: ® LISPS ^ PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ®CLERK OF ORPHANS COURT ^ OTHER MAILED: 02/27/09 SERVICE TO: METHOD OF MAILING: ^ LISPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT r i ~ Deputy Clerk of Orphans' Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 0 n ~' IN RE: ~O • {?~ ~ ~ • ~ ~ Z ESTATE OF EMMA L. KELLER No. 21-04-453 '' G ~ ^' c: Cr7:R (DECEASED) v~~ ~:~On a (J C= 3C ,~ ~ ~• N PETITION FOR ORDER TO SELL REAL PROPERTY IN ACCORDANCE WITH 20 PA CONS. STAT ANN &3353 AND NOW, Harriet M. Varner, by her attorney, Robert P. Grubb, Esquire of Metzger, Wickersham, Knauss & Erb, P.C., in her capacity as Co-Executor, and makes the following petition for order directing the sale of real property in accordance with 20 Pa. Cons. Stat. §3353: The petition of the said Co-Executor respectfully states that: 1. On February 26, 2009 this Court awarded a citation directed to John H. Keller, Co-Executor to show cause why the Petition for Order Directing Sale of Real Property should not be granted. 2. The citation was served upon John H. Keller, and Roger B. Irwin, the attorney for the estate on February 27, 2009, the proof of service is attached hereto as Exhibit A. 3. No answer as been made by John H. Keller the Co-Executor or Roger B. Irwin, the attomey for the estate. WHEREFORE, petitioner respectfully requests that this Honorable Court enter an Order authorizing the Petitioner, Harriet M. Varner, in her capacity as Co-Executor to sell the Bobcat Road, Carlisle, Pennsylvania real property at its current fair market value upon such terms and conditions as the Court shall consider just and equitable. Ti _,.r ._;; !'l ,"'~ ~ ~ t-~ F~ r '1 .T ` ~__ ~ ~... . ; ,;iii ri _.~i ^r -~ 'ri Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: P 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Dated: ~~ ~~ ?-OdO ~~~ ~ ~ zee s ~ ~' : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF EMMA L. KELER (Deceased) ORPHANS' COURT DIVISION No. 21-04-0453 ............ ......-...-... _ .. __ __ ___.. ORDER tt, AND NOW, this 2 b day of ~e,~prvo,ry .2009, upon consideration of the Petition For Order of Court Directing Sale of Real Property, it is hereby ordered and decreed that a citation be issued, along with a copy of the within Petition and Order, directed to John H. Keller, Co-Executor of the above captioned Estate, such citation to show cause why the relief requested in this Petition should not be granted. Citation to be returnable +~. ~ days from service thereof. BY THE COURT, ~, ~ c,~ A TRUE COPY FROM RECORD ~ r., In Testimony wherof, I hereunie .'-~ n set my hand and tha seal ' -? ~~~ ~ ~ .; r of Bald Court at Carlisle, PA _. ~ m cv ~' ~~ Th' y of 20- .` ~~ - :~ - ~J7 - " ~ w v ,-;:-+ t: -~ 1 f'fi . c~ ~ . ~, J, CI rk of Orphans Court c; ; - .:~ : ~ } ~.;~ Cu b®rland County _~ ~ ~ _ ~~ r ~ t-_ +~ (~ _ V f ~~„ i~ :~ Q~Q~t~B-~ ORPHANS' COURT DIVISION In Re: ESTATE OF EMMA L. KELER (DECEASED) CUMBERLAN CD OUNTY AS OF PENNSYLVANIA NO. 21-04-0453 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 02/27/09 JUDGE'S INITIALS: TIME STAMP DATE: 02/27/09 IN RE. _ ORDER. _ _ _ _ _ _ _. _ SERVICE TO: ROGER B IRWIN ESQ ROBERT P GRUBB ESO JOHN H KELLER HARRIET M VARNER METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 02/27/09 ENVELOPES PROVIDED BY- ^ PETITIONER ^ JUDGE ® CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY• ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT t Deputy Clerk of Orphans' Court `JAN 2Y 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF EMMA L. KELLER No. 21-04-453 (DECEASED) ORDER AND NOW, this ~ 2 day of ~ah y 4 M y , 2010, upon consideration of the Petition for Order Directing the Sale of Real Property in accordance with 20 Pa. Cons. Stat. §3353, it is hereby ordered and decreed that Harriet M. Varner, as Co-Executor of the above captioned Estate, is authorized to sell the Bobcat Road, Carlisle, Pennsylvania real property, at its current fair market value upon such terms and conditions as the Court shall consider just and equitable. BY THE COURT, ~~ - J c.,. Q . T1 ~ [7 .~ ~~ ~~' ~ N r.,r7 °:: T .i ~"`~ ...Q ~ '1..... ~..... -r) ~~ ,. T^ ~ O z _z: ~`' i _> ~~ cr i t l~; ti rri 9 ,: `f _? ~,_~ I~ ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: EMMA L KELLER CUMBERLAND COUNTY PENNSYLVANIA NO. 21-04-0453 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 01-22-10 JUDGE'S INITIALS: MLE TIME STAMP DATE: O l -22-10 IN RE: ORDER SERVICE TO: ROBERT P GRUBB ESQ HARRIET VARNER, ROGER B IRWIN ESQ, HARRIET VARNER METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 01 /22/ 10 ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Dep Cler o Orphans' Court Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: EMMA L. KELLER Date of Death: 02/20/2004 File Number: 21-04-0453 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete :.................... ~ Yes ~ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: UNKNOWN 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... ^ Yes ^ No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? ............................... ^ Yes ^ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts maybe filed with the Clerk of the Orphans' Court and maybe attached to this report. bate FEBRUARY 1, 2010 CL ~~- .. F--- ~ ~ ~ ~ : .-•.-. ~~ r=-- c~ ~ ~ d ~ c•+ ~ . ~~,_._ Signature of Person Filin thi Form Capacity: Personal Representative ~ Counsel ROGER B. IRWIN, ESQUIRE Name of Person Filing this Form 60 WEST POMFRET STREET Address CARLISLE, PA 17013 (717) 249-2353 Telephone Form RW-10 rev. 10.13.06 Cumberland County - Register Of Wills One Courthouse Square _ Carlisle, PA 17013 ~`'~~,`~~~-~~ ~,, j~~ ',~`' Phone:(717) 240-6345 ~ ~I+P ~ ~o. 4 4 QRp~ ~l~ ~~r~~ C(,i~,A~,~, ~ ~~Oi1f~T ,,'r ,~.,~;~1 ;'r~l ~~1 Date: 1/27/2010 KELLER JOHN H 894 TEABERRY ROAD BEDFORD, PA 15522 RE: Estate of KELLER EMMA L File Number: 2004-00453 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 2/20/2010 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ { Glenda Farne:r Strasbaugh Clerk of the Orphans' Court cc: File Counsel Cumberland County - Register Of Wilts One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 {ter .. _ _ .f ~' 200 J:4N .?7 A~1 i0~ 44 Date: 1/27/2010 CL?.R ~ ~)F ~RFF~Af~i'S ~ ~?U~T ~~• VARNER HARRIET M 2250 ORRSTOWN ROAD SHIPPENSBURG, PA 17257 RE: Estate of KELLER EMMA L File Number: 2004-00453 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 2/20/2010 Please feel free to contact this office with any qua=_stions you may have. If you have already filed your~Status Report, please disregard this notice. Sincerely, L~~22~~~~~=~~ Glenda Farner_ Strasbaug Clerk of the Orphans' Cou cc: File Counsel Cumberland County - Register .Of Wills One Courthouse Square Carlisle, PA 17013- Phone : (717 ) 2 4 0 - 6.~'4`~ ''~";"=~ rr ~~~(~~ ~~~. I~~ Date: 1/27/2010 IRWIN ROGER B ESQ 60 W POMFRET ST CARLISLE, PA 17013 RE: Estate of KELLER EMMA L File Number: 2004-00453 Dear Sir/Madam: 2010 JAN 2 7 A~9 i0~ 4 4 CLERK ~F ORf~f-iA.f~'S l ~IJ~T This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 2/20/2010 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, Glenda Farne:r Strasbaug`Yi Clerk of the Orphans' Court cc: File Personal Representative(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ~~ 'CJ ESTATE OF EMMA L. KELLER, No. 21-04-0453 ; ~ ':j deceased '' _=~~ '~ - . - `=; , _ ~_~, _,, PETITION FOR RULE TO SHOW CAUSE WHY PETITIONER ~ `- _.~ SHOULD NOT BE PERMITTED TO PROCEED WITH SALE OF REAL EST~Tt '~. NOW COMES, HARRIET M. VARNER, Co-Executor of the Estate of Emma L. Keller, deceased, by and through her attorney, Forest N. Myers, Esq., and files the following Petition to Approve Sale of Real Estate. 1. Petitioner is the Co-Executor of the Estate of Emma L. Keller, deceased. 2. At the time of her death, Emma L. Keller was possessed of real estate consisting of 46.726 Acres, and situate in Upper Frankford Township, Cumberland County, Pennsylvania. A description of said real estate is attached hereto and incorporated herein as Exhibit "A". 3. Petitioner and her Co-Executor and brother, John Keller, were unable to agree on the sale of the said real estate. 4. Petitioner sought the approval of your Honorable Court to sell said real estate without the joinder of her brother. 5. By Order of your Honorable Court, M. L. Ebert, Judge, dated January 22, 2010, Harriet M. Varner, Co-Executor of the estate was granted the authority to sell the real estate of Emma L. Keller, deceased. A copy of the Order is attached hereto and incorporated herein as Exhibit «B„ 6. Petitioner has executed an Agreement for the sale of said real estate dated September 16, 2011, for a consideration of $138,000.00. The Agreement contains no contingencies and is a cash transaction. A copy of said Agreement is attached hereto and incorporated herein as Exhibit °C". _ 'z ~•`> <_, 7. Petitioner's Co-Executor, John Keller, has refused to sign a Deed conveying the said property. 8. The Purchaser of said real estate desires to purchase title insurance and the title insurance company has required that your Petitioner seek approval from the Court for the sale, since your Honorable Court indicated that the property was to be sold on "...such terms and conditions as the Court shall consider just and equitable." 9. The assessed value of the real estate based on the 2010 Cumberland County assessment database is $106,400.00. A copy of said assessment card is attached hereto and incorporated herein by reference as Exhibit "D". 10. Petitioner has agreed to pay for Re/Max Realty Agency, a commission of six (06) percent or $8,280.00, and in addition to pay Forest N. Myers, Esq., his attorney's fees and costs for the representation of her in the sale of this real property. 11. Petitioner believes and therefore avers that the terms and conditions of the Agreement of Sale represent the fair market value of said real estate and that the terms and conditions are just and equitable and that the real estate commission and attorney's fees are reasonable. 12. Petitioner files this Petition for the purpose of seeking Court approval of the sale of said real estate pursuant to its prior Order of January 22, 2010. WHEREFORE, Harriet M. Varner prays your Honorable Court to issue a Rule to Show Cause why Petitioner, Harriet M. Varner, Co-Executor of the Estate of Emma L. Keller, deceased, should not be permitted to complete the sale of real estate owned by the Estate of Emma L. Keller, and situate on Bobcat Road, Upper Frankford Township, Cumberland County, Pennsylvania, on the terms set forth in the Agreement of Sale, dated September 16, 2011, and further authorizing the said Harriet M. Varner to make and execute a Deed for said real estate to the purchasers in said Agreement of Sale and to receive the proceeds therefrom on account of said Estate and further, to pay the costs and expenses of said sale, including the commission for the sale of real estate and attorney's fees. Respectfully submitted, Dated: ~2 -1g- ?~ ~ Forest N.1Vlyers, Esq. 137 Park PI W Shippensburg PA 17257 717.532.9046 717.532.8879 fnmyers(a~lawofficeforestmyers.com Attorney ID No. 18064 I verify that the statements made in the foregoing Petition are true and correct. I .understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: ~-~~ ~/ ~~ arriet M. Varner, Petitioner ALL that certain tract of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Wilbur H. Clifton, R.S. ,dated June 22, 1979, as, follows, to wit: BEGINNING at an existing iron pin at corner of lands of Robert C. Lightenberger; THENCE along Lightenberger lands, the following three courses and distances: 1) North 55 degrees 06 minutes 33 seconds East 274.78 feet to an existing iron pin; 2) North 37 degrees 27 minutes 42 seconds East 448.60 feet to an existing axle; 3) North 19 degrees 58 minutes 07 seconds West 1,527.34 feet to an iron pin set; THENCE along lands of John W. Hertzler, Jr., South 89 degrees 26 minutes 22 seconds East 511.50 feet to a point; THENCE along lands of Thomas J. Bell, the following six courses and distances: 1) South 25 degrees 32 minutes 50 seconds East 461.75 feet; 2) North 82 degrees 54 minutes 55 seconds 309.80feet; 3) South 22 degrees 32 minutes 40 seconds East 175.60 feet; 4) North 67 degrees 38 minutes 54 seconds East 555.00 feet; 5) North 38 degrees 58 minutes 12 seconds East 407.10 feet; 6) South 62 degrees 53 minutes 22 seconds East 649. 75 feet to a point; THENCE along lands of John H. Mentzer, the following six courses and distances: 1) South 39 degrees 51 minutes 30 seconds West 650.80 feet; 2) North 83 degrees 40 minutes 40 seconds West 380.30 feet; 3) South 65 degrees 49 minutes 03 seconds West 408.77 feet; 4) South 37 degrees 52 minutes 28 seconds West 523.31 feet; 5) South 21 degrees 58 minutes 50 seconds West 694.50 feet; 6) South 65 degrees 06 minutes East 89.00 feet to an existing iron pin; THENCE along lands of Lester Armolt, South 31 degrees 37 minutes 54 seconds West 294.90 feet to an existing; iron pin; THENCE along lands of Donald E. Showaker, North 67 degrees 30 minutes 43 seconds West 426.60 feet to a point; THENCE along lands of John A. Rornanchock, North 48 degrees 02 minutes 57 seconds West 258.70 feet to an existing iron pin, the Place of BEGINNING. CONTAINING 46.726 acres. Exhibit "A" ' J.a;v ~ 1 ~' G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF EMMA L. KELLER No. 21-04-453 (DECEASED) ORDER AND NOW, this ~2 day of ~a4~y 4Y y , 2010, upon consideration of the Petition for Order Directing the Sale of Real Property in accordance with 20 Pa. Cons. Stat. §3353, it is hereby ordered and decreed that Harriet M. Varner, qs Co-Executor of the above captioned Estate, is authorized to sell the Bobcat Road,,,Carlisle, Pennsylvania real property, at its current fair market~value upon such terms and conditions as the Court shall consider just and equitable. BY THE COURT, __ - _. _ _ ___ Y ~..., J. o U _. ~ ~, ~~ y`~' ~ ~' ' - ~ - N ::~ ;~ i , --p ~~ - . . i -r~ T'. _ , ~' r ; ', ~,~ ~ i~~ ~ A/S-VL STANDARD AGREEMENT FOR THE SALE OF VACANT LAND r1,:: f,,,.o ,ter ' ' awl amroved for. bttt got realricted to usa by, the members of the Petruylvania Asweietie+a of R13ALiORS®(PAR). SELLER'S BUSINESS RELATIONSHIP WTTH PA LICENSED BROKER BROKER (Company) REIN Realty Agency PHONE (717) 267-0011 ADDRESS 1132 Kennebec Drive Chambersburc PA 1720.1 FAX (717)262-1021 LICENSEE(S) Lane Thrush Designated Agent? ~ Yes ~ No BROKER IS THE AGENT FOR SELLER. OR (if checked below): Broker is NOT the Agent for Seller and is elan: ^ AGENT FOR BUYER ^ TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) REl"n4 '°'' `" '^°^ PHONE 5717> 267-0011 ADDRESS 1132 Kennebec Drive Chambersbt2ra PA 17201 __ FAX (717)262-1021 LICENSEE(S) Lana Thrush Designated Agent? ^ Yes ^ No BROKER IS THE AGENT FOR BUYER OR (if checked below): i Broker is NOT the Agent for Buyer and is a/aa:~ AGENT FOR SELLER ^ SUBAGENT FOR SELLER ^ TRANSACTION LICENSEE When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Duai Agent. All of Broker's licensees are arso uuai agenrs VPI1.L~ JJ mere are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent. 1. This Agreement, dated Se tember 16 2011 is between SELLER(S): Estate oP Ealma L. Keller ,called "Seller;' and BUYER(S): Malvin Weaver Surma J. Weaver ~ '~ ~~ ~~ ,called "Buyer." 2. PROPERTY (12-06) Seller agrees to sell and convey to Bayer, who agrees to purchase: ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as:Parcel ID#43-04-0385-060 46 Acres off Bobcat Road in the Township of unver Frank£ord , County of Cumberland in the Commonwealth of Pennsylvania. Identification (e.g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date): 0017Y-00068 3. TERMS (A) Purchase Price One Hundred Thirty-Eight Thousand US. Dollars, which will be paid to Seller by Buyer as follows: 1. Cash or check at signing this Agreement: S 7 , 000.00 2. Cash or check within days of the execution of this Agreement: S 3. $ 4. Cash or cashier's or certified cheek at time of settlement: $ 131, 000.00 TOTAL S 138 , 000.00 (B) Deposits paid by Buyer within 30 DAYS of settlement will be by cash or cashier's check. Deposits, regardless of the form of payment and the person designated as payee, will be paid in U.S. Dollars to Broker for Setter (unless otherwise stated here), who will retain deposits in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any check tendered as deposit monies may be held uncashed pending the acceptance of this Agreement. (C) Seller's written approval to be on or before: Se tember 20 2011 (D) Settlement to be on rx~}ober 14 2011 _ , or before if Buyer and Seller agree. (E) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: (F) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: (G) At time of settlement, the following will be pro-rated on a daily basis between Buyer and Seller, reimbursing where applicable: current taxes (see Notice Regarding State and Local Taxes); rents; interest on loan assumptions; water and/or sewer fees, if any; refuse fees; cahle television fees; and other sim- ilar chazges. The chazges aze to be pro-rated for the period(s) covered. Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated here: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Buyer Initials: ~~ ~? C;~. uJ ~/ I Pennsylvania Association of REALTORS' A/S-VL Page 1 of 9 Seller Initials: c, `-f ~~ ~ Revised 1Zl06 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSCb 2006 [2106 RF/MAX Realty Agency (K) 1132 Kennebec Drive ChambersaMug, PA 17201 Phone: 717-267-00011 7070 Fax 717-26?-3097 ~,~ ~iisli Produced with 2'ipForm®by zlpLogix 18070 Fiaeen Mile Road, Fraser, Michigan 48026 ypd~7LZIQL,491X.rRQ1 Hobert Road L ~,1r~-1"13 ~, \ ,0`C u 46 4. FIXTURES AND PERSONAL PROPERTY (5-01) 47 (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens. Also included: 48 49 (B) LEASED items (not owned by Seller): 50 51 (C) EXCLUDED fixtures and items: 52 53 5. DATES/TIME IS OF THE ESSENCE (9-OS) 54 (A} The settlement date and all other dates and times referred to for the performance of any of the obligations of this Agreement are of the essence and aze 55 binding. 56 (B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was executed and 57 including the Last day of the time period. The Execution Date of this Agreement is the date when Buyer and Scllcr have indicated full acceptance of 58 this Agreement by signing and/or initialing it. All changes to this Agreement should be initialed and dated. 59 (C) The settlement date is not extended by any other grovision of this Agreement and may only be extended by mutual written agreement of the parties. 60 (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed time periods are negotiabl¢ and may 61 be changed by striking out the pre-printed text and inserting a different time period acceptable to all parties. 62 6. FINANCING CONTINGENCY (12-06) 63 ® WAIVED. This sale is NOT contingent on financing, although Buyer may still obtain financing. b4 ~ ELECTED. 65 (A) This sale is contingent upon Buyer obtaining financing as follows: 66 1. Amount of loan S 67 2. Minimum Term years 68 3. Type: ~ Land Acquisition Only b9 0 Land Acquisition and Construction 70 ~ Other 7l 4. interest rate %; however, Buyer agrees to accept the interest rate as may be committed by the leader, not to exceed a maximum 72 interest rate of %. 73 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the loan (excluding nay insurance pre- 74 miums and VA funding fee) not to exceed % (0% if not specified) of the loan, 75 The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the lender(s) gives Buyer the right to guarantee the interest rate(s) and feels} 76 at or below the maximum levels stated. Buyer gives Seller the right, at Seller's sole option and as permitted by law and the tender(s), to contribute 77 fmancially, without promise of reimbursement, to the Buyer andlor the lender(s) to make the above loan terms available to Buyer. 78 (B} Within days (10 if not specified) from the Execution Date of this Agreement, Buyer will make a completed written loan application to a 79 responsible lender according to the terms above. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the 80 lender for the purposes of assisting is the loan process. 81 (C) Should Buyer furnish false or incomplete information to Seller, Broker(s), or lender(s) concerning Buyer's legal or financial status, or fail to 82 cooperate in good faith in processing the financing application, which results in the lender(s) refusing to approve a financing commitment, 83 Buyer will be in default of this Agreement. 84 (D) 1. Financing commitment date: . If Seller does not receive a copy of Buyer's financing 85 commitment(s) by this date, Buyer and Seller agree to extend the financing commitment date until Seller terminates this Agreement by written 86 notice to Buyer. 87 2. Upon receiving a financing commitment, Buyer will promptly deliver a copy of the commitment to Seller. 88 3. Seder may terminate this Agreement in writing after the loan commitment date, if the financing commitment(s): 89 a. is not valid until the date of settlement, OR 90 b. Is conditioned upon the sale and settlement of any other property,OR 91 c. Does not satisfy all the temrs as stated in paragraph 6 (A}, OR 92 d. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the lender(s) within~_ DAYS 93 after the commitment date in paragraph 6 (D) (1), other than those conditions that are customazily satisfied at or near settlement, such as 94 obtaining inswance and confirming employment status. 95 4. If this Agreement is terminated pursuant to paragraphs 6 (D) (1) or (3), or the loan(s) is not obtained for settlement, alI deposit monies will be returned 96 to Buyer according to the terms of paragraph 22 and this Agreement will be VOID. Buyer will be responsible for any costs incurred by Buyer for any 97 inspections or certifications obtained according to the temrs of this Agreement, and any costs incurred by Buyer for. (1) Title seazch, title insurance 98 and/or mechanics' lien insurance, or any fee for cancellation; (2} Flood insurance and/or fire insurance with extended coverage, mine subsidence 99 insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to lender(s). 100 (E) Seller Assist I01 © NOT APPLICABLE. 102 ~ APPLICABLE. Seller will pay: 103 ~ $ , or % of Purchase Price, maximum, toward Buyer's costs as acceptable to the lender(s). 104 ~ 105 7. WAIVER OF CONTINGENCIES (9-OS) 106 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify Insurability, environmental conditions, bound- 107 cries, certifications, coning classification or use, or any other information regarding the Property, Buyer's failure to exercise any of Buyer's options 108 within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees to the RELEASE in para- 109 graph 24 of this Agreement. 110 lIl 112 ' 113 Buyer Initials: ~ W A/S-VL Page 2 of 9 Seller Initials ~-~ _ ~ J'/ Revised I2/06 ~T Produced with ZipForm® by zipLogix'I8070 Fifteen Mile Road, Fraser, Michigan 48026 www_ziol ooixcom Bobcat Road, L 114 115 1l6 It7 118 119 120 121 122 123 124 125 126 127 128 129 130 I3I 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 I48 149 150 IS] 152 153 154 I55 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 8. INSPECTIONS (9-05) (A) Seller will provide access to insurers' representatives and, az may be required by this Agreement, to surveyors, municipal officials, and inspectors. If Buyer is obtaining fsnancing,Sel}erwtll provide access to the Property to appraisers and others reasonablyrequired by lender(s). Buyer may attendany inspections. (B) Buyer and/or anyone on the Property at Buyer's direction or on Buyer's behalf, will leave the Property in the same condition as when they arrived unless otherwise agreed upon by the parties. Buyer bears the risk of restoring or repairing the Property or reimbursing Seller for any loss of value. (C) Buyer may make apre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision of this Agreement. (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer. (E) Seller has the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. 9. STATUS OF WATER (12-06} (A) CONNECTION TO OFF-SITE WATER SOURCE CONTINGENCY ® NOT APPLICABLE. An off-site water source is not available for the Property. ^ WANED. Buyer acknowledges that Buyer has the option to make this Agreement contingent on determining that the terms of connecting the Property to an off-site water source through (Name of Service Provider) are acceptable to Buyer. Buyer WANES THIS OPTION and agrees to the RELEASE in paragraph 24 of this Agreement. ^ ELECTED. Contingency Period: days (1 S if not specified) from the Execution Date of this Agreement. 1. Within the Contingency Period, Buyer, at Buyer's expense, may choose to determine the terms of connecting the Property to an off-site water source available through (Name of Service Provider): . If the terms of connection are not acceptable to Buyer, within the Contingency Period Buyer will: a. Accept the Property and agree to the RELEASE in paragraph 24 of this Agreement, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of pazagraph 22 of this Agreement, OR c. Enter into a mutually acceptable written agreement with Seller as acceptable to the lender(s), if any. If Buyer and Seiler do not reach a written agreement within the Contingency Period and Buyer does not terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the terms of the RELEASE in paragraph 24 of this Agreement. (B} ON-SITE WATER SERVICE INSPECTION CONTINGENCY ® NOT APPLICABLE. Property is not served by an on-site water source. ^ WANED. Property is served by an on-site water source. Buyer acknowledges that Buyer has the option to obtain an on-site water service inspec- tion of the Property. BUYER WAIVES THLS OPTION and agrees to the RELEASE in paragraph 24 of this Agreement. ~ ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of Phis Agreement. 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the on-site water sys- tem from a properly licensed or otherwise qualified waterlwell testing company. 2. if required by the inspection company, Seller, at Seller's expense, will locate and provide access to the on-site water system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 3. If Buyer is not satisfred with the condition of the water system as stated in any written inspection report(s), within the Contingency Period Buyer wilt: a Accept the Property with the information statedrn the report(s) and agree to the RELEASE in paragraph 24 of this Agreement, OR b. Preseat the report(s) to Seller with a Written Corrective Proposal ("Proposal") listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of a properly licensed or qualified professional to perform the corrections request- ed in the Proposal, provisions for payment, including retests, and a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for cometions that do not comply with Iender or governmental requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal, or by a contractor selected by Buyer. (1) Within days (7 if not specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: (a) Satisfy the terms of Buyer's Proposal, OR (b) Credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal, as acceptable to the lender(s), if any, OR (c) Not satisfy the terms of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal. (2) If Seller agrees to satisfy the terts of Buyer's Proposal or to credit Buyer at settlement as specified above, Buyer accepts the Property and agrees to the RELEASE in paragraph 24 of this Agreement. (3) If Seller chooses not to satisfy the terms of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails to choose any option within the time given,Buyer will, within days (5 if not specified): (a) Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 24 of this Agreement, OR (b) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paza- graph 22 of this Agreement, OR (c} Enter into a mutually acceptable written agreement with Seller, as acceptable to the lender(s), if any. If Buyer and Seller do not reach a written agreement during the time specified, and Buyer does not terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 24 of this Agreement. (C) ON-SITE WATER SERVICE APPROVAL CONTINGENCY ^ NOT APPLICABLE. The Property has an existing water service and Buyer is not seeking approval to install an on-site water system. ^ WANED. Buyer understands and acknowledges there may be no developed water system for the Property and that Buyer has the option to make this Agreement contingent on receiving municipal approval for the installation of an on-site water system. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 24 of this Agreement. ELECTED. Contingency Period: days (1 S if not specified) from the Execution Date of this Agreement. 1. Within the Contingency Period, Buyer will make a completed, written application for municipal approval for the installation of an on-site water system from (municipality}. Buyer will pay iior appli tion ,legal representation, and any other costs associated with the application and approval process. ~ j ~ Buyer Initials: A/S-VL Page 3 of 9 Seller Initials: <~~,~,/ T Revised 12/Q6 ~""`- (~ ~' roducecl with ZipForm® by zipt.ogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zip~gix.com Bobcat Road, L Ise 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 2I3 214 ZIS 216 217 218 2I9 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 2. If the municipality requires the application to be signed by the current owner, Seller agrees to do so. 3. If final, unappealable approval is not obtained by ,Buyer will: a. Accept the Property and agree to the RELEASE in paragraph 24 of this Agreement, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 22 of this Agreement, OR c. Enter into a mutually acceptable written agreement with Seller as acceptable to the leader(s), if any. If Buyer and Seller do aot reach a written agreement before the time for obtaining final approval, and Buyer does not terminate the Agreement of Sale by written notice to Seller within. that time, Buyer will accept the Property and agree to the terms of the RELEASE in paragraph 24 of this Agreement. 10, STATUS OF SEWER (12-06) (A) Setter represents that Property is served by: ^ Off-Property Sewage Disposal System (Public Sewer) ^ Individual On-Lot Sewage Disposal System (See Sewage Notice 1) ^ Individual On-Lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable) Ten-acre Permit Exemption (See Sewage Notice 2) ^ Hording Tank (See Sewage Notice 3) ^ None (See Sewage Notice 1) ^ None Available (See Sewage Notice 5 or Sewage Notice 6, as applicable) ® There is no vublia sewer available, and theer is no on-lot seatic avnrovals at this time (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTIlVGENCY ^ NOT APPLICABLE. The Property is not served by an individual on-lot sewage disposal system. © WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the individual on-lot sewage disposal system. BUYER WAIVES THLS OPTION and agrees to the RELEASE in paragraph 24 of this Agreement. ^ ELECTED. Contingency Period: days (I S if not specified) from the Execution Date of this Agreement. 1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the individual on-lot sewage disposal system from a qualified, professional inspector. 2. If required by the inspection company, Sealer, at Seller's expense, will locate, provide access to and empty the individual on-lot sewage dis- posal system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 3. If the inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal system, Buyer will, within the Contingency Period, notify Seller in writing that Buyer wall: a. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 24 of this Agreement, OR b. Present the report(s) to Seller with a Written Corrective Proposal ("Proposal's listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of a properly licensed or qualified professional to perform the corrections request- ed in the Proposal, provisions for payment, including retests, and a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with lender or governmental requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal, or by a contractor selected by Buyer. (1) Within days (T if not specified) of receiving Buyer's Propose[; Seller will inform Buyer in writing of Seller's choice to: (a) Satisfy the terms of Buyer's Proposal; OR (b) Credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal, as acceptable to the lender(s), if any, OR (c) Not satisfy the terms of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal. (2} If Seller agrees to satisfy the terns of Buyec's Proposal or to credit Buyer at settlement as specified above, Buyer accepts the Property and agrees to the RELEASE in paragraph 24 of this Agreement. (3) If Seller chooses not to satisfy the terms of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails to choose any option within the time given,Buyer will, within days (5 if not specified}: (a) Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 24 of this Agreement, OR (b) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer accordang to the terms of para- graph 22 of this Agreement, OR (c) Enter into a mutually acceptable written agreement with Seller, as acceptable to the lender(s), if any. If Buyer and Seller do not reach a written agreement during the time specified, and Buyer does not terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 24 of this Agreement. 4. If the inspection report reveals the need to expand or replace the existing individual on-]ot sewage disposal systa;m, Seller may, within 25 DAYS of receiving the inspection report, submit a Written Corrective Proposal ("Proposal") to Buyer. The Proposal wiai include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected completion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal, or if no Proposal is provided with- in the time given, Buyer will notify Seller in writing of Buyer's choice to: a. Agree to the terms of the Proposal, if any, accept the Property and agree to the RELEASE in paragraph 24 of this Agreement, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer accordang to the terms of paragraph 22 of this Agreement, OR c. Accept the Property and the existing system and agree to the RELEASE in paragraph 24 of this Agreement, and, if required by any lender(s) and/or any governmental authority, correct the defects before settlement or within the time required by the lender(s) and/or governmental authority, at Buyer's sole expense, and with permission and access to the Property given by Sealer. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to correct the defects, Buyer may, within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 22 of this Agreement. Buyer Initials: A/S-VL Page 4 of 9 // Revised 12/06 PFdduced with ZipForm~ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 Seller Initials: - WWW.ZIDLOgIX.COm Bobcat Road, L 250 (C) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSTALLATION CONTINGENCY 251 ^ NOT APPLICABLE. The Property has an existing sewage disposal system. 252 ® WAIVED. Buyer understands and acknowledges that Buyer has the option to make this Agreement contingent on receiving municipal approval 253 for the installation of an individual on-lot sewage disposal system. BUYER WAIVES THIS OPTION and agrees to the RELEASE in pazagraph 254 24 of this Agreement. 255 ^ ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 256 t. Within the Contingcncy Period, ^ Buyer or ^ Seller wili make a completed, written application for municipal approval for the instal- 257 lation of an individual on-lot sewage disposal system from 258 (municipality). Buyer will pay for applications, legal representation, and any other 259 costs associated with the application and approval process. 260 2. If the municipality requires the application to be signed by the current awner, Seller agrees to do so. 26I 3. If frnal, unappealable approval is not obtained by ,Buyer will: 262 a. Accept the Property and agree to the RELEASE in paragraph 24 of this Agreement, OR 263 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 22 264 of this Agreement, OR 265 c. Enter into a mutually acceptable written agreement with Seller. as acceptable to the lender(s), if any. 266 If Buyer and Seller do not reach a written agreement before the time for obtaining final approval, and Buyer does not terminate this 267 Agreement by written notice to Seller within that time, Buyer will accept the Property and agrcc to the terms of the RELEASE in para- 268 graph 24 of this Agreement. 269 (D) CONNECTION TO OFF-SITE SEWAGE DISPOSAL SYSTEM CONTINGENCY 270 ^ NOT APPLICABLE. An off-site sewage disposal system is not available for the Property. 271 ® WAIVED. Buyer acknowledges that Buyer has the option to make this Agreement contingent on determining that the terms of connecting the 272 Property to an aff--site sewage disposal system through (Service Provider) 273 are acceptable to Buyer. Buyer WAIVES THIS OPTION and agrees to the RELEASE in paragraph 24 of this Agreement. 274 ^ ELECTED. Contingency Period: days (15 if not specified} from the Execution Date of this Agreement. 275 Within the Contingency Period, Buyer, at Buyer's expense, may choose to determine whether the terms of connecting the Property to an off-site 276 sewage disposal system through: (Service Provider) are acceptable 277 to Buyer. If the terms of connection are not acceptable to Buyer, within the Contingency Period Buyer will: 278 1. Accept the Property and agree to the RELEASE in paragraph 24 of this Agreement, OR 279 2. Terminate this Agreement by written notice to Seller, with all deposit monies retumed to Buyer according to the terms of paragraph 22 of 280 this Agreement, OR 281 3. Enter into a mutually acceptable written agreement with Seller as acceptable to the lender(s), if any. 282 If Buyer and Seller do not reach a written agreement within the Contingency Period, and Buyer does not terminate this Agreement 283 by written notice to Seller within that time, Buyer will accept the Property and agree to the terms of the RELEASE in paragraph 24 284 of this Agreement. 285 11. ENVIRONMENTAL AUDIT & PROPERTY INSPECTIONS (I-98) 286 (A) Seller represents and warrants that Seller has no knowledge, except as listed below, of whether: 287 1. The Property has been contaminated by any substance in any manner which requires remediation; 288 2. The Property contains any wetlands, flood plains, or any other environmentally sensitive areas, development of which is limited or precluded by law; 289 3. The Property contains any substance, the removal or disposal of which is subject to any law or regulation; 290 4. Any few has been violated in the handling or disposing of any material waste or the discharge of any material into the soil, air, surface water, or 291 ground water; 292 5. The Property contains underground feet or liquid storage tanks. 293 EXCEPTIONS: 294 295 (B) Serer and Buyer acknowledge that Broker: 296 I. Is a licensed real estate broker; 297 Z. Is not an expert in construction, engineering, or environmental matters; and 298 3. Has not made and will not make any representations or warranties nor conduct investigations of the environmental condition or suitability of the 299 Property, or any adjacent property. 300 (C) Seller agrees to indemnify and to hold Broker harmless from and against all claims, demands, or liabilities, including attorneys fees and court costs, 301 which azise from or aze related to the environmental condition or suitability of the Property prior to, during, or after Seller's occupation of the 302 Property including without limitation any condition listedtn pazagraph 11 (A). 303 (D} ENVIRONMENTAL AUDITlINSPECTION CONTINGENCY 304 ~ WAIVED. Buyer understands that Buyer has the option to request audits and inspections of the Property. BUYER WAIVES THIS OPTION and 305 agrees to the RELEASE set forth in paragraph 24 of this Agreement. Buyer reserves the right to make apre-settlement inspection of the Property. 306 ^ ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 307 1. Within the Contingency Period, Buyer, at Buyer's expense has the option to have the following audits or inspections completed by a licensed 308 or otherwise qualified professional (cheek the inspections that Buyer will order): 309 ^ Environmental Hazards 310 ^ Underground Storage Tanks 311 ^ Property Boundary/Square Footage Verification/Delineation 312 ^ Flood Plain Verification/Delineation 313 ^ Wetlands Verification/Delineation 314 ^ Specific Property Inspection limited to 315 ^ 3I6 317 Buyer Initials:. v~,~ A/S-VL Page 5 of 9 Seller Initials: _ Revised 12/06 ' • roduced with ZipFom~ by zipLOgix 18070 Fifteen Mile Road, Fraser, Michigan 48026 yvww.zipLogix.com Bobcat Road, L 3i8 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 36S 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 38I 382 383 2. If Buyer is not satisfied with the condition of the Property as stated in any written inspection report(s), within the Contingency Period Buyer will: a. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 24 of this Agreement, OR b. Terminate this Agreement by written notice to Seller, with al} deposit monies returned to Buyer according to the terms of paragraph 22 of this Agreement, OR c. Enter into a mutually acceptable written agreement with Seller. as acceptable to the lender(s), if any. If Buyer and Seller do not reach a written agreement Within the Contingency Period and Buyer does not terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the terms of the RELEASE in paragraph 24 of this Agreement. 12. ZONING CLASSIFICATION (5-01) Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof if subdividable} is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits ten- dered by the Buyer will be returned to the Buyer without any requirement for court action. Zoning Classification: 13. ZONING CONTINGENCY (10-06) ~ WAIVED. ^ ELECTED. Contingency Period: DAYS (1 S if not specified) from the Execution Date of this Agreement. (A) Within the Contingency Period, Buyer, at Buyer's expense, may verify that Buyer's proposed use of the Property as is pemiltted under the current zoning classification for the Property and is not prohibited by any other governmental land use restrictions. (B) 1f Buyer's proposed use of the Property is not permitted, within the Contingency Period Buyer will make a formal written application for zoning approval, variance, non-conforming use, or special exception from (municipality) to use the Property as (proposed use). Buyer will pay for applica- tions, }egai representazion, and any other costs associated with the application and approval process. 1. if the municipality requires the application to be signed by the current owner, Seller agrees to do so. 2. If final, unappeatable approval is not obtained by ,Buyer will: (a.) Accept the Property with the current zoning and agree to the RELEASE in paragraph 24 of this Ageement, OR (b.) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 22 of this Agreement, OR (c.) Enter into a mutually acceptable written agreement with Seller as acceptable to the lender(s), if any. If Buyer and Seller do not reach a written agreement before the time for obtaining final approval, and Buyer does not terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the terms of the RELEASE in para- graph 24 of this Agreement. 14. LAND USE RESTRICTIONS OTHER THAN ZONING (7-01) (A) ^ No Known Restrictions ^ 'The Property, or a portion of it, is preferentially assessed for tax purposes under the fo{lowing Act(s) (See Land Use Restrictions Notices): ^ Farmland and Forest Land Assessment Act (Clean and Green Program) ^ Open Space Act (preservation of land used for farming, forest, water supply, or open space) ^ Agricultural Area Security Law (development rights) ^ Other (C) Seller has no knowledge of any covenants, subdivision restrictions or other restrictions affecting the Property unless otherwise stated here: (D) Seller has no knowledge of any rights to timber, crops or minerals, except coal, that do not transfer with the Property unless otherwise stated here: (E) Buyer acknowledges that any land use restrictions associated with the Property's enrollment in the Clean and Green Program or under the Open Space Act or any other program identified in paragraph 14 are encumbrances upon the Property. Buyer agrees that delivery of title subject to these encum- brances will not violate Seller's duty under pamgraph I4 (A) of this Agreement. (F) Buyer and Seller have determined the consequences that may result from the sate or a change in the use of the Property, or any portion of it. 15. COAL NOTICE (Where Applicable) THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE T1TI.E TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRll1ED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUR.DING OR OTHER STRUCTURE ON OR IN SUCH LAND. (Th1S notice 1S Set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the rig~~t of pr,tectian against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgment is made for the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agees to sign the deed from Seller which deed will contain the aforesaid provision. 16. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (12-06) (A) Setler represents, as of the date Seller signed this Agreement, that no public improvement, condominium or homeowner association assessments have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncorrect- ed, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain uncorrected, unless otherwise spec- ified here: (B) Seller knows of no other potential notices (including violations) and assessments except as follows 384 385 gayer Initials: A/S-VL Page 6 of 9 Seller Initials: ~~~~ C ~ Revised 12/06 fi ~ aced with Zi Forrr>® p t>)r ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.z I~opix.cn_m Bobcat Road, L 386 (C) In the event any notices (including violations) and/or assessments are received a8er Seller has signed this Agreement and before settlement, Seller wilt 387 provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within 5 DAYS of receiving the notices and/or asscss- 388 menu that Seller will: 389 1. Fully comply with the notices and/or assessments at Seller's expense before settlement If Seller fully complies with the notices and/or assess- 390 meets, Buyer accepts the Property and agrees to the RELEASE in paragraph 24 of this Agreement OR 391 2. Not comply with the notices andlor assessments. if Seller chooses not to comply with the notices and/or assessments, or fails within the time 392 given to notify Buyer whether Seller will compty,Buyer will notify Seller im writing within 5 DAYS that Buyer will: 393 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 24 of this 394 Agreement, OR 395 b. Terminate this Agreement by written notice to Seller, with al( deposit monies retumed to Buyer according to the teens of paragraph 22 of 396 this Agreement. 397 If Buyer fails to respond within the time stated in paragraph 16 (C) (2) or fails to terminate this Agreement by written notice to Seller 398 within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 24 of this Agreement. 399 (D) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 400 17. TITLE, SURVEYS & COSTS (9-05) 401 (A) The Property will be conveyed with good and marketable title as is insurable by a reputable title insurance company at the regular rates, free and cleaz 402 of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions; historic preservation restrictions or 403 ordinances; building restrictions; ordinances; easements of roads; easements visible upon the ground; easements of record; and privileges or rights of 404 public service companies, if any. 405 (B) Buyer will pay for the following: (I} Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 406 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and chazges 407 paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. 408 (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal. description of the Property 409 (or the correction thereof) will be obtained and paid For by Seller. Any survey or surveys desired by Buyer or required by the mortgage lender will be 410 obtained and paid for by Buyer. 411 (D) If Seller is unable to give a good and marketable title and such as is insurable by a reputable title insurance company at the regular rates, as specified in 41.2 paragraph 17 (A), Buyer will: 4I3 I. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 24 of this 414 Agreement, OR 415 2. Termimate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terrns of paragraph 23 of this 416 Agreement. Upon termination, Seller will reimburse Buyer for any costs incumd by Buyer for any inspections or certifications obtained according 417 to the terms of this Agreememt, and for those items specified in paragraph 17 (B) items (I), (2), (3) and in paragraph 17 (C). 418 18. PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) NOTICE FOR PURPOSES OF RESALE ONLY (12-06) 419 ® NOT APPLICABLE. 420 ^ APPLICABLE. Property is part of a planned community as defined by the Uniform Planned Community Act. (See Definition of Planned Community.) 421 (A) Seller is required to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations of the association, 422 and a Certificate containing the provisions set forth th§5407(x) of the Act 423 (B) Within 15 DAYS from the Execution Date of this Agreement, Seller, at Setlec's expense, will request from the association a Certificate of Resale 424 anti any other documents necessary to enable Seller to comply with the relevant Act The Act provides that the association is required to provide these 425 documents within ]0 days of Seller's request. 426 (C) Seller w-lt promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure of the 427 association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any incorrect information provided by the association in the 428 Certificate. 429 (D) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and for 5 days after 430 receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer declaring this Agreement void, all deposit 431 monies will be returned to Buyer according to the temu of paragraph 22 of this Agreement 432 (E) If the association has the right to buy the Property (right of frrst refusal), and the association exercises that right, Seller will reimburse Buyer for any 433 costs incurred by Buyer for any inspections of certifications obtained according to the terms of the Agreement, and any costs incurred by Buyer for: 434 (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with extend- 435 ed coverage, mine subsidence insurance, or any fee €or cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 436 19. MAINTENANCE & RISK OF LOSS (9-OS) 437 (A) Seiler will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal wear 438 and tear excepted. 439 (B) If any system or appli-ante included in the sate of the Property fails before settlement, Seller will: 440 1. Repair or replace the failed system or appliance before settlement, OR 441 2. Provide prompt written notice to Buyer of Seller's decision ro: 442 a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage lender(s), if any, OR 443 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system or appliance. 444 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller faits to notify Buyer of 445 Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before settlement, whichever is earlier, that Buyer will: 446 a. Accept the Property and agree to the RELEASE in paragraph 24 of this Agreement, OR 447 b. Terminate this Agreement by written notice fo Seller, with all deposit monies retumed to Buyer according to the terms of paragraph 22 of 448 this Agreement. 449 (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed and not replaced, Buyer wilk 450 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 451 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 22 of this 452 Agreement. 453 Buyer Initials: A/S-VL Page 7 of 9 Seller Initials: C~~~~ ~~ Revised 12/06 roduced with ZipForm® by ziptogix t8070 Fifteen Mile Road, Fraser, Michigan 411026 www.ziRLQgix.com Bobcat Road, L 454 20. POSSESSION (12-06) 455 (A) Possession is to be delivered by title, keys and: 456 I. Physical possession to vacant Property free of debris, with all structures broom clean, at day and time of settlement, AND/OR 457 2. Assignment of existing teasels}, together with- any security deposits and interest, at time of settlement, if Property is leased at the execution of this 458 Agreement unless otherwise specified in this Agreement 459 (B) Buyer will acknowledge existing lease(s) by initialing said lease(s) at time of execution of this Agreement 460 (C) Seller will nat enter into any new leases, extension of existing leases, or additional leases for the Property without the written consent of Buyer. 461 21. ASSIGNMENT (09-OS) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent 462 assignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless otherwise stat- 463 ed in this Agreement 464 22. TERMINATION & RETURN OF DEPOSITS (9-05) 465 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price will be 466 returned to Buyer and this Agreement will be VOID. The broken holding the deposit monies may only release the deposit monies according to the terms 467 of a fully executed written agreement between Buyer and Seller and as permitted by the Rules and Regulations of the State Real Estate Commission. 468 (B) If there is a dispute over entitlement to deposit monies, a broker is not legally permitted to determine if a breach occurred or which party is entitled to 469 deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to retain the monies 470 in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will distribute the monies according to the terms of a 471 final order of court or a written agreement of the parties. Buyer and Seller agree that if any broker or affiliated licensee is joined in litigation regazd- 472 trig deposit monies, the attorneys' fees and vests of the broker(s) and licensee(s) will be paid by the party joining them. 473 Z3. REAL ESTATE RECOVERY FUND (9-05) 474 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a fmal civil judgment against a Pennsylvania real estate licensee owing to 475 fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal and equitable reme- 476 dies. For complete details about the Fund, call (717) 783-3658 or (800} 822-2I 13 (within Pennsylvania) a.^.d (717) 783-4854 (onside Pennsylvania). 477 24. RELEASE (9-05) 478 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or PART- 479 NER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and all claims, loss- 480 es or demands, including, but not limited to, personal injury snd property damage sad all of the consequences thereof, whether known or not, which 481 may arise From the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, eaviron- 482 mental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in Ute on-site water service system, or any defects or con- 483 ditions on the Property. Should Seller be in default under the terms of this Agreement, or in violation of any seller disclosure law or regulation, this 484 release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement 485 25. REPRESENTATIONS (9-OS~ 486 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employees, offi- 487 cers or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the whole agree- 488 merit between Seller and Buyer, and there are no other temrs, obligations, covenants, representations, statemens or conditions, oral or otherwise, of any 489 kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing executed by the parties. 490 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property specifically listed 491 herein) before signing this Agreement or Las waived the right to do so, and agrees to purchase the Property IN TI'S PRESENT CONDITION. 492 Buyer acknowledges that Brokers, their licensees, employees, otiicers or partners have not made an independent examination or determination 493 of the structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted uses or of cortdi- 494 dons existing in the locale where the Property is situated; nor have they made a mechanical inspection of any of the systems contained therein. 495 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 496 (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. 497 26. DEFAULT (9-05) 498 (A) Seiler has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 499 1. Fail to make any additional payments as specified in pazagraph 3, OR 500 2. Furnish false or incomp}ete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or financial 501 statue, OR 502 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 303 (B) Unless otherwise checked in paragraph 26 (C),Seller may elect to retain those sums paid by Buyer, including deposit monies: 504 1. On account of purchase price, OR 505 2. As monies to be applied to Seller's damages, OR 506 3. As liquidated damages for such breach. 507 (C) ® SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. 508 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 26 (B) or (C), Buyer and Seller are 509 released from further liabitity or obligation and this Agreement is VOID. 510 27. MEDIATION (9-OS) 51 t (A} Unless otherwise checked in paragraph 27 (D), Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation in accor- 512 dance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through mediation and 513 signed by the parties will be binding (see Information Regazding Mediation). 514 (B) Buyer and Seller have received, read, and understand the Rules and Procedures of the Home Sellers/llome Buyers Dispute Resolution System. 515 (C) Any agreement to mediate disputes or claims azising from this Agreement will survive settlement. 516 (D) ~ MEDIATION IS WAIVED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise, but that 517 there will be no obligation for any party to do so. 518 519 520 ,, `` }} 521 Buyer Initials: ~l A/S-VL Page 8 of 9 Seller Initials: Revised 12/06 ~~ ' roduced with ZipFormQsl try zipLogix 180711 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoaix.com Bobcat Road, L 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 28. SPECIAL CLAUSES (5-01) (A) The following are part of this Agreement if checked: ^ Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP) ^ Sate & Settlement of Other Property Contingency with Right to Continue Marketing Addendum (PAR Fong SSP-Clvn (B) SPECIAL PROVISIONS (IF ANY): ^ Settlement of Other Property Contingency Addendum (PAR Form SOP) ^ Tenant-Occupied Property Addendum (PAR Form TOP) ^ O Buyer and Seller acknowledge receipt of a copy of this Agreement at the rime of signing. NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes acceptance by the parties. Parties to this transaction are advised to consult an attorney before signing if they desire legal advice. ^ Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. ^ Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. ^ Buyer has read and understands the notices and explanatory information in this Agreement. ^ Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this Agreement. 565 BUYER'S MAILING ADDRESS: 1736 Tuscarora Path 566 / Iekesbura. PA 1703? 567 568 569 WITNESS BUYER 570 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. 571 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 572 Seller has read and understands the notices and explanatory information in this Agreement. DATE 1 " I ~e '~ DATE ~ - .' ~~ DATE 573 SELLER'S MAILING ADDRE55: 574 575 576 571 WTTNES5 SELLER TE / "' /GO °/ DATE A/S-VL Page 9 of 9 Revised 1Zl06 Produced with ZipFomt® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipL~gix.com Bobcat Road, L NOTICES AND INFORMATION COMMUNICATIONS WITH BUYER AND10R SELLER Wherever this Agreement contains a provision that requires or allows eommunicatian/delivery to a Buyer, said provision shall be satisfied by comma- nication/ delivery to the Broker for Buyer, if any. If there is no Broker for Buyer, all such provisions may be satisfied only by communication/delivery being made directly to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows comrnunication/delivery to a Seller, said provision shall be satisfied by commu- nication/delivery to the Broker for Seller, if any. If there is no Broker for Seller, all such provisions may be satisfied only by communication/delivery being made directly to the Seller, unless otherwise agreed to by the parties. NOTICE REGARDING STATE AND LOCAL TAXES Where Buyer and/or Seller are responsible for payment of real estate taxes, the "periods covered" by the tax bills for purposes of prorating real estate taxes are as follows: Municipal Taxes: For all. counties and municipalities in Pennsylvania, tax bills are for the period January 1 to December 3l . School Taxes: For all school districts, other than the Philadelphia, Pittsburgh and Scranton school districts, the period covered by the tax bill is July 1 to June 30. For the Philadelphia, Pittsburgh and Scranton school districts, tax bills are for the period January 1 to December 31. Rea! Estate Assessment Notice: In Pennsylvania, taxing authorities (school districts and municipalities) and property owners may appeal the assessed value of a property at the time of sale, or at any time thereafter. A successful appeal by a taxing authority may result in a higher assessed value for the property and an increase in property taxes. Also, periodic county-wide property reassessments may change the assessed value of the property and result in a change in property tax. NOTICE TO BUYERS SEEKING FINANCING The appraised value of the Property is used in determining the maximum amount of the loan and may be different from the purchase price and/or mar- ket value. NOTICE REGARDING CONVICTED SEX OFFENDERS (MEGAN'S LAW) The Pennsylvania General Assembly has passed legislation (often referred to as "Megan's Law," 42 PaGS. § 9791 et seq.) providing for community notification of the presence of certain convicted sex offenders. Buyers are encouraged to contact the municipal police department or the Pennsylvania State Police for information relating to the presence of sex offenders near a particular property, or to check the information on the Pennsylvania State Police Web site at www.pameganstaw.state.pa.us. Back of Page 1 Produced with Z1pForrr~ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www?ioLoalx.com Bobcat Road, L PROPERTY & ENVIRONMENTAL INSPECTION NOTICES Flood Plains: If the Property is located in a flood plain, Buyer may be required to carry additional insurance Water Service: Buyer may elect to have the water service inspected by a professional water/well testing company. In addition, on-site water service systems may have to meet certain quality and/or quantity requirements set by the municipality or the lender. Electromagnetic Fields: Electromagnetic Fields (EMFs) occur around all electrical appliances and power lines. Conclusive evidence that EMFs pose health risks does not exist at present, and Pennsylvania has no laws regarding this issue. Environmental Hazards: The U.S. Environmental Protection Agency has a list of hazardous substances, the use and disposal of which are restricted by law. Generally, if hazardous substances are found on a property, it is the property owner's responsibility to dispose of them properly. For more information and a list of hazardous substances, contact the U.S. Environmental Protection Agency Region 3, 1650 Arch Street (3PM52), Philadelphia, PA 19103-20029,(800)438-2474. Wetlands: Wetlands are protected by both the federal and state governments. Buyer may wish to have the Property inspected for wetlands by an environmental engineer to determine if permits for plans to build, improve, or develop the property would be affected or denied because of wetlands. SEWAGE NOTICES NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE I: THERE IS NO CURRENTLY EXLSTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for construction, alter, repair or occupy any building or structure for which an individual sewage system is to be installed, without first obtaining a permit. Buyer is advised by this notice that, before signing this Agreement of Sale, Buyer should contact the local agency charged with administering the Act to determine the procedure and requirements for obtaining a permit for an individual sewage system. The local agency charged with administering the Act will be the municipality where the Property is located or that municipality working cooperatively with others. NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN-ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACT. (Section 7 provides that a permit may not be required before installing, constructing, awarding a contract far construction, altering, repairing or connecting to an individual sewage system where aten-acre parcel or tot is subdivided from a parent tract aRcr January 10, 1987.) Buyer is advised that soils and site testing were not conducted and that, should the system malfunction, the owner of the Property or properties serviced by the system at the time of a malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as a result. NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE. Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a history of the annual cost of maintaining the tank from the date of its installation or December 14, 1495, whichever is later. NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Code §73.13 pertaining to minimum horizontal isolation distances provide guidance. Subsection (b) of §73.13 states that the minimum horizontal isolation distance between an individual water supply or water supply system suction line and treatment tanks shall be 50 feet. Subsection (c) of §73.13 states that the horizontal isolation distance between the individual water supply or water supply system suction line and the perimeter of the absorption area shall be 100 feet. NOTICE 5: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LIMITATIONS. SEWAGE FACILTTIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILTTIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER NOTICE 6: A REQUIRED REVISION FOR NEW LAND DEVELOPMENT, OR AN EXCEPTION TO THE REQUIREMENT TO REVISE, OR A REQUHiED SUPPLEMENT HAS NOT BEEN APPROVED FOR THIS LOT. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND SEWAGE. FACILITIES WILL NOT BE AVAILABLE, NOR MAY CONSTRUCTION BEGIN UNTIL SEWAGE FACILITIES PLANNING HAS BEEN APPROVED PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER. Back of Page 2 Produced with ZipFotm® by zipLogix 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www_zioLoaix,Gom Bobcat Road, L LAND USE RESTRICTIONS NOTICES FARMLAND AND FOREST LAND ASSESSMENT ACT (CLEAN AND GREEN PROGRAM) 72 P.S. § 5490.1 et seq. Properties enrolled in the Clean and Green Program receive preferential tax assessment. Notices Required by Seller: A Seller of Property enrolled in the Clean and Green Program must submit notice of the sale and any proposed changes in the use of Seller's remaining enrolled Property to the County Assessor 30 days before the transfer of title to Buyer. Notices Required by Buyer: A Buyer of Property enrolled in the Clean and Green Program must submit notice of any proposed changes Buyer intends to make in the use of the Property being purchased to the County Assessor at least 30 days prior to undertaking any changes. Loss of Preferential Tax Assessment: The sale of Property enrolled in the Clean and Green Program may result in the toss of program enrollment and the loss of preferential tax assessment for the Property and/or the land of which it is a part and from which it is being separated. Removal from enrollment in the Clean and Green Program may result in the charge of roll-back taxes and interest. A roll-back tax is the difference in the amount of taxes paid under the program and the taxes that would have been paid in the absence of Clean and Green enrollment. The roll-back taxes are chazged for each year that the Property was enrolled in the program, limited to the past 7 years. Bayer and Seller have been advised of the need to determine the tax implications that will or may result from the sale of the Property to Buyer or that may result in the future as a result in any change in use of the Property or the land from which it is being separated by contacting the County Tax Assessment Office before the execution of this Agreement of Sale. OPEN SPACE ACT 32 P.S. § 5001 et seq. This Act enables counties to enter into covenants with owners of land designated as farm, forest, water supply, or open space land on an adopted municipal, county or regional plan for the purpose of preserving the land as open space. A covenant between the owner and county is binding upon any Buyer of the Property during the period of time that the covenant is in effect (5 or 10 years). Covenants automatically renew at the end of the covenant period unless specific termination notice procedures aze followed. Buyer acknowledges that the purchase of Property for which there is a covenant will not extinguish the covenant and that a change in the use of the land to any other use other than that designated in the covenant will constitute a breach. When a breach of the covenant occurs, the then-owner is required to pay roll-back taxes and interest. Aroll-bank tax is the difference in the amount of taxes paid and the taxes that would have been paid in the absence of the covenant. The roll-back taxes are charged for each year that the Property was subject to the covenant, limited to the past 5 years. Buyer has been advised of the need to determine the restrictions that will apply from the sale of the Property to Buyer and the tax implications that will or may result from a change in use of the Property, or any portion of it. Buyer is further advised to determine the term of any covenant now in effect. DEFII~IITION OF A PLANNED COMMUNITY The uniform Planned Community Act defines "planned community" as real estate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person. The term excludes a cooperative and a condominium, but a cooperative or condominium may be part of a planned community. For the purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The term includes non-residential campground communities. Exemptions from the Uniform Planned Community Act - When a Certificate of Resale Is Not Required The owner of a property located within a planned community is not required to furnish the buyer with a certificate of resale under the following circumstances: A. The Planned Community eontains no more than 12 units, provided there is no possibility of adding real estate or subdividing units to increase the size of. the planned community. B. The Planned Community is one in which all of the units are restricted exclusively to non-residential use, unless the declaration provides that the resale provisions are nevertheless to be followed. C. The Planned Community or units are located outside the Commonwealth of Pennsylvania. D. The transfer of the unit is a gratuitous transfer. E. The transfer of the unit is required by court order. F. The transfer of the unit is by the government or a govetrunental agency. G. The transfer of the unit is the result of foreclosure or in lieu of foreclosure. Notices Regarding Public Offering Statements and Right to Rescission If Seller is a Declarant of the condominium or planned community, Seller is required to furnish Buyer with a copy of the Public Offering Statement and its amendments. For condominiums, the delivery of the Public Offering Statement must be made no later than the date the buyer executes this Agreement. Buyer may cancel this Agreement within 15 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. For planned communities, the Declarant must provide the Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this Agreement. Buyer may cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Buyer. Back of Page 3 Produced with ZipFom~l by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48D26 www ipl9gix.com Bobcat Road, L MEDIATION DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES 1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum to an agreement of sale, or through a separate written agreement 2. Initiation of Mediation if a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Form (Transmittal Form) to the local Association of REALTORS (hereafter "Administrator"). The Transmittal Form should be available through the Administrator's office. The initiating party should try to include the following information when sending the completed Transmittal Form to the Administrator: a. A copy of the written agreement to mediate if there is one, OR a request by the initiating party to have the Administrator contact the other parties to the dispute to "invite them to join the mediation process. b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every insurance company known to have received notice of the dispute or claim and the corresponding file or claim number. c. A brief statement of the facts of the dispute and the damages or relief sought 3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute a copy of the Transmittal Form and a Iist of quatified mediators and their fee schedules. Each parry then has ten days to review the list of mediators, cross off the name of any mediator to whom the party objects, and return the list to the Administrator. The Administrator will appoint the first available mediator who is acceptable to ail parties involved. A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as mediator to that dispute, unless ail parties are informed and give their written consent. 4. Mediation Fees Mediation fees will be divided equally among the parties and will be paid before the mediation conference. The parties will follow the payment terms contained in the mediator's fee schedule. 5. Time and Place of Mediation Conference Within ten days of being appointed to the dispute, the mediator will contact the parties and set the date, time and place of the mediation conference. The mediator must give at least twenty days' advance notice to all parties. The mediation conference should not be more than sixty days from the mediator's appointment to the dispute. 6. Conduct of Mediation Conference The parties attending the mediation conference will be expected to: a. Have the authority to enter into and sign a binding settlement to the dispute. b. Produce atl information required for the mediator to understand the issues of the dispute. The information may include relevant written materials, descriptions of witnesses and the content of their testimony. The mediator can require the parties to deliver written materials and information before the date of the mediation conference. The mediator presiding over the conference: a. Will impartially conduct an orderly settlement negotiation. b. Will help the parties define the matters in dispute and reach a mutually agreeable solution. c. Will have no authority to render an opinion, to bind the parties to his or her decision, or to force the parties to reach a settlement. Formal rules of evidence will not apply to the mediation conference. 7. Representation by Counsel Any party who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and the other parties of the intent at least ten days before the conference. S. Confedentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This includes,but is not limited to, any opi--pions or suggestions made by any party regarding a possible settlement; any admissions made during the course of the mediation; any proposals or opinions expressed by the mediator; and any responses given by any party to opinions, suggestions, or proposals. No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties. Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or representations made either in the course of the mediation or in any confidential communication. 9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all parties will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the written agreement at the end of the conference. 10. Judicial Proceedings and Immunity NEITI-IER Tt~ ADMtrasTRATGR, Tt~ MEDIpTGx, THE NATIONAL ASSOCIATION OF REALTORS®, TIm PENNSYLVANIA ASSOCIATION OF REALTORS, NOR ANY OF rrS MEMBER BOARDS, WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANX NDICIAL PROCEIDINGS RELATBJG TO MEDIATION UNDER THESE RULES AND PROCEDURES, NOR WII,L ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM. Back of Page 4 Produced with ZipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zjRt o9f~enm Bobcat Road, L TaxDB Result Details Page 1 of 1 Detailed Results for Parce143-04-0385-060. in the 2010 Tax Assessment Database DistrictNo 43 Parcel ID 43-04-0385-060. MapSuffix HouseNo RR Direction Street BOBCAT ROAD Ownerl KELLER, EMMA L C/O % JOHN H KELLER PropType V PropDesc LivArea CurLandVal 108700 CurImpVal 0 CurTotVal 4100 CurPrefVal 4100 Acreage 38.00 C1GrnStat Y TaxEx 1 SaleAmt SaleMo SaleDa SaleCe SaleYr DeedBkPage 0017Y-00068 YearBlt HF File Date HF Approval_Status http://taxdb.ccpa.net/details.asp?id=43-04-03 85-060.&dbselect= l 10/21 /2011 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF EMMA L. KELLER, :CUMBERLAND COUNTY, PENNSYLVANIA DECEASED NO. 21-04-0453 ORPHANS' COURT ORDER OF COURT AND NOW, this 22~d day of December, 2011, upon consideration of Harriet M. Varner's Petition for Rule to Show Cause why Petitioner Should Not be Permitted to Proceed with Sale of Real Estate; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon John Keller to show cause why Harriet Varner is not entitled to the relief she requests; 2. John Keller shall file an Answer to Harriet Varner's Petition on or before January 13, 2012; 3. Hearing/Argument on the matter will be held on Monday, January 30, 2012, at 9:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Forest Myers, Esquire Attorney for Petitioner John Keller Respondent bas 7 - - - ~~ ~,. __ ~c ~~ ~.,. __ c ~ . ,_ . ~c ,.. , , L~ , ~ ^y ~ `` ^, ` ~ ~- "Tl L~ ORPHANS' COURT DIVISION In Re: EMMA L KELLER, DECEASED ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-04-0453 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: IN RE: ORDER OF COURT SERVICE TO: FOREST N MYERS JOHN H KELLER HARRIET VARNER METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 12/22/1 I ENVELOPES PROVIDED BY• ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY~ ^ PETITIONER ^ JUDGE ® CLERK OF ORPHANS COURT !~ ~--`~ Deputy j Clerk of Orphans' Court ~' IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF EMMA L. KELLER, :CUMBERLAND COUNTY, PENNSYLVANIA DECEASED NO. 21-04-0453 ORPHANS' COURT ORDER OF COURT AND NOW, this 25th day of January, 2012, upon consideration of Harriet M. Varner's Petition for Rule to Show Cause why Petitioner Should Not be Permitted to Proceed with Sale of Real Estate and conformation from Petitioner's counsel stating that the parties have settled and are in agreement with the Sale of the Real Estate, IT IS HEREBY ORDERED AND DIRECTED that the Hearing/Argument on the matter scheduled for Monday, January 30, 2012, at 9:30 a.m. in Courtroom No. 2 is CANCELLED. If the negotiations break down, the petitioner may request the matter be rescheduled. M. L. Ebert, Jr., Forest Myers, Esquire Attorney for Petitioner John Keller Respondent bas ,~~ _-,.> o ~~ -~ ~ ~, ;, m ~ ~-y t .... !~J ~~ } r ~ ' f '1 By the Court, ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: EMMA L KELLER CUMBERLAND COUNTY PENNSYLVANIA NO. 21-04-0453 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 1/26/2012 JUDGE'S INITIALS: TIME STAMP DATE: 1/26/2012 IN RE: ORDER OF COURT SERVICE TO: FOREST MYERS JOHN KELLER METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: l I ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT l~ - Deputy Clerk of Orphans' Court Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND Name of Decedent: EMMA L. KELLER COUNTY, PENNSYLVANIA Date of Death: 02/20/2004 File Number: 21-04-0453 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete :.................... ®Yes ^ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... ^Yes b. The separate Orphans' Court No. (if any) for the personal representative's account is: ®No c. Did the personal representative state an account informally to the parties in interest? ............................... ^Yes ®No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date ?/8/2012 co O Gi? C7 W ._.~ = C~"1 ~_ Q c~ Ci.. C;C~~=. _~ , 1 dl ~ ~ r:, Z :. ~ ~. =~ ~`'~' ~`-+ O ~ ~:J _ ~'v Form RW-!0 rev. !(1.13.06 Signature of Pers n ling this Form Capacity: ^Personal Representative ®Counsel ROGER B. IRWIN, ESQUIRE Name of Person Filing this Form 60 WEST POMFRET STREET Address CARLISLE, PA 17013 (717)249-2353 Telephone